12 -Town Meeting

Lou’s Views

“Unofficial” Minutes & Comments


BOC’s Special Meeting 12/18/18

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


1. Discussion and Finalization of Ordinance 18-16, An Ordinance Amending the Holden Beach Code of Ordinances, Chapter 50: Solid Waste (For Possible Adoption at the December 18, 2018 Regular Meeting) – Commissioner Kwiatkowski

Solid Waste Staff Study Report
For more information » click here

Previously reported – October 2018
First Draft of Revisions to Town of Holden Beach Code of Ordinances, Chapter 50: Solid Waste
Agenda Packet –
The Board agreed at their August meeting to update the Town’s Code of Ordinances, Section 50: Solid Waste. Attached is the first version of a draft revised ordinance, prepared by Commissioner Kwiatkowski. The Board and residents have the opportunity to comment on the draft at the October meeting or can send emails to me at heather@hbtownhall.com with their suggestions. Once feedback is reviewed and any changes are incorporated, another draft will be prepared for the Board’s consideration.

Current Ordinance:
§50.02 CONTAINER SPECIFICATIONS.
(A) Residential requirements.
(1) Garbage will be kept only in contractor-owned and provided standard, 90-gallon capacity roll-out containers. Each residence is authorized one container; however, additional containers are available from the town for a set monthly fee.
(2) Property owners are responsible to assure they have sufficient 90-gallon containers to properly contain refuse prior to collection. Garbage placed on top of or beside the container(s) will not be placed in non-standard containers.

Proposed Ordinance:
§50.02 CONTAINER SPECIFICATIONS.
(A) Residential requirements.
(1) Garbage will be kept only in contractor-owned and provided standard, 90-gallon capacity roll-out containers. Each residence is authorized one container; however, additional containers are available from the town for a set monthly fee.
(2) Short term rentals, particularly those that are rented as part of the summer rental season, are subject to high numbers of guests resulting in abnormally large volumes of garbage and refuse. This type of occupancy presents a significantly higher impact than homes not used for short term rentals. In interest of public health and sanitation and environmental concerns, all short-term rentals shall have a minimum of one garbage can per two bedrooms. Homes with an odd number of bedrooms shall round up 9for example one to two bedrooms – one trash can; three to four bedrooms – two trash cans; five to six bedrooms – three trash cans; and the like). For purposes of this section, a bedroom is any room which provides a facility for sleeping, including but not limited to, day beds (or other convertibles), sleeper sofas, hide-a-beds, cots or roll away beds.
(3) Property owners are responsible to assure they have sufficient 90-gallon garbage containers to properly contain refuse prior to collection. Garbage or refuse placed on top of or beside the container(s) will not be picked up by waste collection and will be considered a littering offense as outlined in (_?).
(a) Recyclable refuse can be disposed of in standard garbage containers. Alternatively, 90-gallon capacity containers for recyclable materials only are available by contract through the town for a set annual fee. They will be provided to a property in addition to, not in replacement of, the required number of garbage containers.

Current Ordinance:
§50.04 ACCUMULATION AND COLLECTION.
(A) All garbage and household refuse shall be kept in proper containers as required by this chapter and it shall be unlawful for any person to permit garbage to accumulate or remain on any premises longer than is reasonably necessary for its removal. Containers will be located at curbside by the property owner or their representative on designated collection days, and then should be returned to the normal house-side storage location by 6:00 p.m. the day after collection. See subsection (B) for an alternative storage location.
(B) It is the intent of the town that all 90-gallon containers be secured in such a manner either next to non-elevated or underneath elevated houses, except on collection days when they are to be placed at curbside, so that the town street right-of-way remains clear of empty containers, and so that containers are not damaged or overturned by high winds or other occurrences. For those property owners who cannot make arrangements to have their container placed at or removed from curbside, an alternate non-collection day storage arrangement is as follows: A sturdy, wooden three-sided rack of sufficient size to just hold the required container(s) may be constructed by the owner. The rack must be constructed so the opening allows for the easy removal of the 90-gallon container(s) by the collector on collection days; e.g. the container must roll in and roll out of the rack without having to be lifted. The racks shall not be placed more than five feet from the street right-of-way and shall not be placed within the area of the street right-of-way. The rack shall be maintained in a sound and presentable condition. Container(s), on corner lots, will be located so as not to violate §§ 157.060(D)(9) and 157.061(D)(8), Corner Visibility, of the Town Code of Ordinances.
(E) Property owners who are consistently found incapable of properly securing their garbage containers as prescribed above, may receive written notice from the town that they are in violation of town ordinance in that regard. Those so affected will be asked to correct the situation, so they come into compliance with the code or receive a civil fine of $50 per day per offense.

Proposed Ordinance:
§50.04 ACCUMULATION AND COLLECTION.
(A) All garbage and household refuse shall be kept in proper containers as required by this chapter and it shall be unlawful for any person to permit garbage to accumulate or remain on any premises longer than is reasonably necessary for its removal. During the summer rental season (defined for these purposes as the period of time that the garbage collection occurs twice weekly, being mid-May through September). Containers will be located at curbside by the property owner or their representative no earlier than 6pm the evening before designated collection days, and then must be returned to the normal house-side or under house storage location by 6:00 p.m. the day of collection. For the rest of the year, containers will be located at curbside no more than 48 hours before designated collection and then must be returned to the normal storage location by 6:00pm the day after collection.
(B) It is the intent of the town that all 90-gallon containers be secured in such a manner either next to non-elevated or underneath elevated houses, except on collection days when they are to be placed at curbside, so that the town street right-of-way remains clear of empty containers, and so that containers are not damaged or overturned by high winds or other occurrences.
(E) Property owners who are consistently found incapable of properly securing their garbage containers as prescribed in Parts (A) and (B) above, shall after no more than 3 violations receive written notice from the town that they are in violation of town ordinance in that regard. Those so affected will be asked to correct the situation, so they come into compliance with the code or receive a civil fine of $50 per day per offense.

Current Ordinance:
§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).
(B) The effective date for all properties referenced in division (A) above shall be March 1, 2008.
(C) Any property found in violation of division (A) above shall be subject to the penalties listed in § 50.99.

Proposed Ordinance:
§50.08 RENTAL HOMES.
(A) Short-term rental homes, are subject to high numbers of guests, resulting in abnormally large volumes of trash. Therefore, 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).
(B) The effective date for all properties referenced in division (A) above shall be March 1, 2019.
(C) Any property found in violation of division (A) above shall be subject to civil fine of $50 per week per offense.

Current Ordinance:
§50.99 PENALTY.
(A) Criminal. Any person who violates any provision of this chapter, shall be subject to the penalty provided in § 10.99(A) of this code of ordinances.
(B) Civil. In accordance with § 10.99(B) of this code of ordinances, the civil fine for violation of any provision of this chapter, with the exception of § 50.04, shall be $25 per offense.

Proposed Ordinance:
§50.99 PENALTY.
(A) Criminal. Any person who violates any provision of this chapter, with the exception of § 50.04, for which no penalty is otherwise provided shall be subject to the penalty provided in § 10.99(A) of this code of ordinances.
(B) Civil. In accordance with § 10.99(B) of this code of ordinances, the civil fine for violation of any provision of this chapter, shall be $50 per offense.


Agree that we have a number of issues that need to be addressed. Unfortunately, I don’t think that there are any simple solutions. A number of the proposed changes create a whole series of unintended consequences. Really feel we need to work through this with a series of workshops that include all stakeholders. The self-imposed deadline to complete project before rental companies do their brochures is simply not going to happen. In order to avoid the brouhaha that we just had with the System Development Fees the public needs to actively participate in the process. The Board is asking that all stakeholders review the information and give constructive input. Any changes are bound to have ramifications; you need to know what that means to you. This ordinance if adopted as written is going to have significant negative repercussions for many property owners. In order to be familiar with all of the proposed changes I strongly recommend that you read pages 70 through 74 in the Agenda Packet.

Previously reported – November 2018
Agenda Packet –
TOWN OF HOLDEN BEACH ORDINANCE 18-16
AN ORDINANCE AMENDING THE HOLDEN BEACH CODE OF ORDINANCES, CHAPTER 50: SOLID WASTE

BE IT ORDAINED BY the Mayor and Board of Commissioners of the Town of Holden Beach, North Carolina that the Holden Beach Code of Ordinances, Chapter 50: Solid Waste be amended as follows:

Section One: Amend Chapter 50: Solid Waste to read as follows:

CHAPTER 50: SOLID WASTE Section
50.01 Definitions
50.02 Container specifications
50.03 Burning or burying of garbage regulated
50.04 Accumulation and collection
50.05 Collections prohibited
50.06 Yard waste
50.07 Transporting waste materials; covering during transport
50.08 Rental homes
50.99 Penalty

§50.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUILDING MATERIAL SCRAP. All scrap material from the construction, reconstruction, remodeling or repair of a building, walkway, driveway, sign or other structure, including, but not limited to, excavated earth, tree stumps, rocks, gravel, bricks, plaster, concrete, lumber, insulation, fixtures (e.g., commodes, sinks) or wrappings for materials or any other materials necessary for the construction, reconstruction, remodeling or repair of a building.

GARBAGE. All animal, fruit and vegetable matter, all small cans, glassware, crockery, bags, and other small containers in which matter has been left or stored.

LARGE HOUSEHOLD ITEMS. Accessories or fittings for a particular use inside, outside or around a house including but not limited to tables and chairs; sofas and recliners; bed frames; dressers; mattresses and box springs; small electronics such as computers and televisions; refrigerators; ovens and microwave ovens; washing and drying machines.

PUTRESClBLE WASTE. Solid waste that contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to cause obnoxious odors and to be capable of attracting or providing food for birds or animals.

REFUSE. All other types and kinds of materials intended to be discarded, scrapped, or otherwise disposed of.

RECYCLABLE REFUSE. Types and kinds of materials intended to be discarded, scrapped or otherwise disposed of that are defined as recyclable material under the current waste collection contract, e.g., cardboard; newspaper; magazines; small metal and glass containers and certain type of plastic containers in which matter has been stored and possibly residues left.

SUMMER RENTAL SEASON. The period of time that garbage collection occurs twice weekly per town contract.

YARD WASTE. All wastes pertaining to a landscaped/managed property, including but not limited to tree limbs, leaves, shrubbery, weeds, plants or grass.

§50.02 CONTAINER SPECIFICATIONS.

(A) Residential requirements.

(1) Garbage will be kept only in contractor-owned and provided standard, 90- gallon capacity roll-out containers. Each residence is authorized one container; however, additional containers are available for a set monthly fee.

(2) Recyclable refuse can be disposed of in standard garbage containers. Alternatively, 90-gallon capacity containers for recyclable materials only are available by contract through the town for a set annual fee. They will be provided to a property in addition to, not in replacement of, the required number of garbage containers.

(3) Property owners are responsible to assure they have sufficient 90-gallon containers to properly contain refuse prior to collection. Garbage placed on top of or beside the container(s) will not be picked up by the contractor, nor will garbage placed in non-standard containers.

(B) Commercial requirements.

(1) All commercial establishments catering to the public in such a manner as to create refuse shall be required to place an adequate number of refuse containers in such positions and locations as to encourage their use.

(2) All such commercial related containers shall be maintained in a sound and presentable condition.

(C) No person shall throw, place, or deposit any garbage or refuse of any kind, in any place or in any public or private property, except in approved containers or as otherwise provided in accordance with the provisions of this section.

(D) Containers on town-owned property and other public areas are for the use of the town and for the general use of residents and visitors using the public areas. It shall be unlawful for anyone otherwise to place commercial or residential waste or refuse into such containers.

§50.03 BURNING OR BURYING OF GARBAGE REGULATED.

It shall be unlawful to bum or bury garbage or trash for the purpose of disposal unless a special permit has been issued by the Town Police Department.

§50.04 ACCUMULATION AND COLLECTION.

(A) All garbage and household refuse shall be kept in proper containers as required by this chapter and it shall be unlawful for any person to permit garbage to accumulate or remain on any premises longer than is reasonably necessary for its removal. It is the intent of the town that all containers be secured in such a manner either next to non-elevated or underneath elevated houses, except on collection days when they are to be placed at curbside, so that the town street right-of-way remains clear of empty containers, and so that containers are not damaged or overturned by high winds or other occurrences. Containers will be located at curbside no earlier than 6:00p.m. the evening before designated collection days during the summer rental season. For the rest of the year containers will be located at curbside no more than 48 hours before the designated collection. All containers should be returned to the normal house-side storage location by 6:00 p.m. the day after collection.

(B) It shall be the duty of every owner or occupant of every building or premises where garbage or refuse exists, to reasonably and regularly clean the 90-gallon containers and other legal refuse collection containers.

(C) The owners, occupants and lessees of all property, jointly and severally, are required to control all refuse, placing such refuse in proper containers and/or arranging for collection or other disposal disposition in accordance with the provisions of this chapter.

(D) Garbage and household refuse will be collected and removed from the aforesaid containers or cans in accordance with the schedule set forth in the garbage collection service contract, executed independently from this chapter.

(E) This chapter shall be enforced by the town either by civil proceedings or by removing and disposing of litter according to the provisions and procedures for abatement of litter as provided in this chapter and as prescribed by G.S. 160A-174, 160A-175, 160A-192, 160A-193, and 160A-303.1, including the provisions for notice and hearings provided or referred to therein.

§50.05 COLLECTIONS PROHIBITED.

All matter, refuse, and materials such as industrial refuse, building materials and scraps, tree trimmings, walkway scraps, or any other refuse from building or remodeling, large containers, or large household items shall not be accepted or picked up as part of the regular garbage collection service contract.

§50.06 YARD WASTE

Yard waste will be accepted under certain conditions and at defined times under a contract separate from the standard waste collection contract. Permissible yard waste must not be placed at roadside for collection more than one week prior to a scheduled collection. Property owners who are consistently found in violation may receive written notice from the town that they are in violation of town ordinance in that regard. Those so affected will be asked to correct the situation so they come into compliance with the code or receive a civil fine of $50 per day per offense.

§50.07 TRANSPORTING WASTE MATERIALS; COVERING DURING TRANSPORT.

All persons transporting waste material, construction material, or any manner of loose materials over the public or private roadways in the town shall insure that such materials are not lost or scattered on or along the rights-of-way of such roadways. These materials shall be securely covered during transit in such manner as to prevent the loss thereof from the transporting vehicle.

§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).

(B) Any property found in violation of division (A) above shall be subject to the penalties listed in § 50.99.

§50.99 PENALTY.

(A) Criminal. Any person who violates any provision of this chapter shall be subject to the penalty provided in § 10.99(A) of this code of ordinances.

(B) Civil. In accordance with § 10.99(B) of this code of ordinances, the civil fine for violation of any provision of this chapter shall be $50 per offense.

Commissioner Kwiatkowski worked with both the town staff and the town attorney to put together a final draft version of the amended Ordinance. They attempted to be clear, concise, and have an enforceable ordinance. Final version will be presented at the next meeting. If adopted, enforcement will begin on May of 2019.

The Board agreed to have a Solid Waste Workshop before the next BOC’s Regular Meeting in December. The Board is asking that all stakeholders actively participate in the process by reviewing the information and giving them constructive input.

Update –
The proposed changes attempt to address some of these issues. It will have significant repercussions for many property owners. The goal is to service the most people in the best way possible. It was not the intent of the Board to create a revenue stream from fines but rather to address these issues. The good news is the Board received a significant amount of correspondence and feedback. Unfortunately, none of the rental / property management companies participated in the process. Education is the initial phase, attempting to modify behavior, where they will strive to improve compliance. Letters will be sent to property owners for noncompliance issues. Second round of letters will be a warning that fines will eventually be imposed, the penalties will not be enforced until May of 2019. Thereafter the formal process begins, and fines will be initiated. Well this was supposed to be the final version of the proposed amended ordinance; but apparently, it is still a work in progress. The actual vote to adopt Ordinance will take place at the Regular Meeting tonight.

2. Discussion and Decision on Preferred Rollback Option for the Town – Commissioner Kwiatkowski

Previously reported –
August 2018
Rollback Service
@>1,200 or 50% includes all the properties on Ocean Boulevard only          (Ballpark figure)
Rollbacks should be for everyone or for no one
Rollback of full cans will have all kinds of unintended consequences
Why do we do this for some properties but not others?
Why are we not charging to provide this service?
Should be offered to all properties with a user fee charged for those that want the service

Previously reported – November 2018
The Board agreed to have a Solid Waste Workshop before the next BOC’s Regular Meeting in December.

Update –
Agenda Packet –
ROLLBACK OPTIONS SUMMARY
    1. As is, OBW only, BPART                                                                     Yes, stop
        a) not level benefit
.         b) no enforcement
.            NO, continue

.     2. No service, owner responsibility                                                             Yes, stop
        a)
difficulties for owners to organize
        b)
doesn’t resolve near term safety and esthetics issues
        c)
multiple providers possible, adding complexity
.             NO, continue

.     3. Whole island Tuesday & Saturday/ May-Sep, BPART                          Yes, stop
        a)
doesn’t address second homeowner needs
        b)
doesn’t address significant rentals “off season”
.         c)
likely BPART budget increase
            NO, continue

    4. Whole island Tuesday year-round & Saturday May-Sep with pay for options
.       A)
BPART only
        a)
BPART budget increase                                                                     Yes, stop
           NO, continue
     
B) BPART season, General Fund off season                                           Yes, stop
         a)
Likely BPART budget increase
.          b)
general fund budget increase
.             NO, continue

.      C) Combined BPART and fee, break even                                               Yes, stop
        a)
flat fee (same for all dwellings, irrespective of # bins)
.         b)
graduated fees dependent on number of bins
          •
grouping or absolute
         c)
Others?
            NO, continue

     D. Other pay for options?
            NO, continue

Town Manager – David Hewett
I have been able to develop a budget estimate of $85,000 to provide Town-wide rollback service.

Property Owner – David Tart
As you consider the issues related to solid waste, please consider that part­ time residents are “full-time” property owners. There is no legal or tax distinction between full-time local residents versus part-time residents. However, part-time owners represent a disenfranchised group of owners who are taxed but cannot vote in the jurisdiction.

The proposed solid waste ordinance is workable for most full-time local residents. But it does not provide any workable alternatives for part-time residents who cannot make arrangements for the specified roll-out/roll-back time parameters. Many part-time residents do not have anyone available to provide this service (such as a rental agency). In our neighborhood, we have only a few full-time residents. I can’t reasonably ask or expect them to commit to being my “garbage man” /solid waste container manager. There is, to my knowledge, no commercial vendor currently offering such a service.

The goals of a new ordinance should be to handle solid waste with containers at the roadside for a minimal time and provide part-time owners a workable method to meet the ordinances parameters. 

Property Owner – Irvin Woods
My concern is the proposed roll-back regulations is “a solution in search of a problem” which will create unintended, unexpected consequences and unnecessary costs to property owners.

Property Owner – Jayne Bremer
I, too, am a part time resident, full time home owner who pays taxes without voting privileges. TRASH is everyone’s concern.

Update –
They all agreed that rollback service should be provided for the whole island year-round and that all bins will be rollbacked, empty or not. Rollout is a separate issue, it was not addressed and will be discussed at a later date.


BOC’s Regular Meeting 12/18/18

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


1. Public Comments on Agenda Items

Tom Myers speaking on behalf of the HBPOA
My name is Tom Myers, I live at 301 OBW and I am the President of the HBPOA.  I am here tonight speaking on behalf of the HBPOA regarding agenda items 14 and 15 on solid waste and rollback services.

The mission of the HBPOA is to represent the property owners of Holden Beach regarding their common issues and concerns.  Trash service is one of these issues, since it impacts 100% of the property owners on the island. Based on our most recent analysis: 89% of property owners do not live here fulltime, and 30% of these property owners do not even live in the state of North Carolina.  More than half of the owners do not rent their properties, and for those that do, they are predominantly seasonal rentals.

In general, property owners are concerned about the additional burdens that might be placed on them, and the fact they could incur severe penalties (and possibly even criminal violations) for things that are out of their control.  They feel they pay property taxes and are therefore entitled to Town services (which includes trash pickup) and that the Town needs to consider the unique demographics of the island. 

There are neighborhoods here with a concentration of permanent residents who all know each other and can help each other out.  However, the majority of the island (especially along Ocean Blvd), has a high percentage of non-resident owners who don’t always know each other.  Most of these property owners come here rarely and randomly – and not always on the weekends.

When they do come, they generate trash, and they typically roll their cans to the street before heading back home.  If they live on Ocean Blvd, the Town has been rolling their empty cans back for them.  If they live on another street, they are at the mercy of someone else rolling their can back, or else it stays there until their next visit – which could be days, weeks or months later.  If a full can is rolled back, it could sit at their house for days, weeks, or months.

These property owners are being considered villains and viewed as people who deserve to be criminally punished.  In reality, their actions are simply due to their situation; their only “crime” is not being here full time. 

The HBPOA periodically conducts opinion surveys.  We did one on recycling, but we haven’t had time to conduct one on trash rollout or rollback services.  We have tried to communicate information about your proposed ordinance and have received a lot of feedback – much of which I have forwarded to you.  However, collecting feedback takes time, and it is impossible to get any feedback on decisions that were made this morning before you vote on implementing them this evening – especially given the timing of a Tuesday, one week before Christmas.

The HBPOA is willing to help you communicate your expectations of property owners and provide them the information they will need to comply with your ordinance.  We just hope it is something that everyone is capable of doing, and that you are being fair to the non-resident property owners who represent the vast majority of our tax base.   


2. Guest Speaker, FOCUS Fiber Optic Service Presentation – Kris Ward, Director of Business Development, ATMC

Kris was here to announce good news tonight regarding ATMC fiber optic project. This enhancement will allow their customers better access to communication services. They plan to spend 5.5 million dollars upgrading the island to fiber optic to the homes here. The project is scheduled to start in the first quarter of 2019 and is expected to take the better part of a year to complete. More information is available online by visiting the ATMC website.

Benefits of Fiber to the Home (FTTH)
POWER / SPEED:
FTTH has the ability to deliver more bandwidth and faster broadband speeds than any other connection.
SERVICE:
FTTH is backed by award-winning customer service from ATMC.
VALUE:
Research shows that a home in an FTTH community is worth more than a similar home in a non-FTTH community.
RELIABILITY / STABILITY:
The fiber optic technology that powers FTTH is resistant to corrosion, not susceptible to lightning damage, and has a longer life expectancy than regular coaxial cables.
FLEXIBILITY:
Because of the nearly limitless connection, FTTH homes are better-equipped for the communications and entertainment technologies of tomorrow.
ENVIRONMENTAL:
FTTH is green, energy-efficient, and less intrusive to the neighborhood.


3. Discussion and Possible Nomination of Board Member to the Mayor Pro Team Position – Per Town Ordinance

Previously reported –
Per Town Ordinance §30.05 and North Carolina General Statute §160A-70
§30.05 MAYOR PRO TEMPORE AND EXECUTIVE SECRETARY
The BOC shall elect from one of its members: (1) a Mayor Pro Tempore, and (2) an Executive Secretary, who shall not be the same member. The normal term of office of both the Mayor Pro Tempore and the Executive Secretary shall be one year, commencing at the first regular meeting in December; provide, however that each shall serve at the pleasure of the BOC.

The Mayor Pro Tempore shall discharge the duties and exercise the powers and authority of Mayor in the absence, disability, disqualification of the Mayor and during a vacancy in the office of Mayor; provided his or her rights and duties as BOC shall remain unimpaired; except he or she shall receive the salary or expenses of Mayor when serving in that capacity.  No additional oath of office shall be required of the Mayor Pro Tempore upon assuming the duties of the Mayor beyond that oath taken at the time of appointment to Mayor Pro Tempore.

Mayor Pro Tem is elected by the Board of Commissioners and is not necessarily the person with the most votes in the general election. The selection of Mayor Pro Tem is at the discretion of the other elected commissioners. Although traditionally the person with the most votes has been selected the rules do not require it.

Update –
Discussion and Nomination of Board Member to the Mayor Pro Tem Position
Commissioner Freer made a motion to nominate John Fletcher for Mayor Pro Tem
Commissioner Fletcher was elected as Mayor Pro Tem

A decision was made – Approved (3-2)


4. Discussion and Possible Nomination of Board Member to the Executive Secretary Position – Per Town Ordinance

Previously reported –
Per Town Ordinance §30.05 and North Carolina General Statute §160A-70
Ordinance 15-08 amended Section 30.05 adding an Executive Secretary position
§30.05 MAYOR PRO TEMPORE AND EXECUTIVE SECRETARY
The BOC shall elect from one of its members: (1) a Mayor Pro Tempore, and (2) an Executive Secretary, who shall not be the same member. The normal term of office of both the Mayor Pro Tempore and the Executive Secretary shall be one year, commencing at the first regular meeting in December; provide, however that each shall serve at the pleasure of the BOC.

The Executive Secretary shall be responsible for: (1) creating the agenda for each regular and special meeting of the BOC, and (2) assembling all supporting agenda package materials, in consultation with the other members of the BOC and the Town Manager and Town Attorney, as applicable. The Executive Secretary shall timely deliver the same to the Town Clerk for copying, delivery and publication in accordance with these ordinances and the Rules of Procedure provided for herein. The Town Clerk and Town Manager shall provide logistical and advisory support to the Executive Secretary in performing these functions and the Town Attorney shall provide legal interpretation or support as requested by the Executive Secretary. No notice of any regular or special meeting of the BOC, nor any agenda or agenda package materials with respect thereto shall be delivered or published by the Town Clerk without the express prior authorization of the Executive Secretary.

Update –
Discussion and Nomination of Board Member to the Executive Secretary Position
Commissioner Butler made a motion to nominate Peter Freer for Executive Secretary
Commissioner Freer was elected as Executive Secretary

A decision was made – Approved (3-2)


5. Discussion and Possible Action on Bridge Rehabilitation Project – Town Manager Hewett

Previously reported – August 2018
Agenda Packet –
Safety Railing for the Holden Beach Bridge
It is the intent of the Department of Transportation to provide a bicycle/pedestrian railing atop the Town’s concrete bridge barrier, as an added safety improvement. They would like feedback from the Town on a preferred option for the safety rail. It seems as though they need an answer sooner than our normal meeting schedule allows.

Bridge Health Index
NCDOT is committed to measuring and improving its overall performance. One of the department’s goals is to make the state’s infrastructure last longer by setting a target for at least 70 percent of bridges rated to be in good condition or better. Good means that the bridge can safely carry the typical-sized commercial or passenger vehicles for that route. To achieve this goal, the department uses a data-driven strategy to improve the overall condition of all bridges in North Carolina by focusing taxpayer dollars where they’re needed most.

North Carolina Department of Transportation selected Holden Beach bridge as a High Value Bridge. They have allocated funding to make safety improvements and improve the expected life expectancy of the bridge. Work includes adding bicycle / pedestrian railing a safety improvement and also do basic repair to the substructure. NCDOT will pay the entire estimated $1.5 million to $2.0 million cost of the project. Work on the bridge is scheduled to begin in September. The estimated time frame to complete the work is the better part of eighteen months.

Chad Kimes Deputy Division Engineer informed the Board that NCDOT intends to install a bicycle / pedestrian railing on top of the concrete bridge barrier, which does not meet current safety standards, as a safety improvement. He asked the Board for feedback regarding what look did they want. The Board was given the opportunity to choose whether the rails would be vertical or horizontal and also select the color.   

The Board chose to have three horizontal railings with an aluminum finish atop the concrete bridge barrier.

 Town Manager David Hewett said the bridge was never intended for bicycle and pedestrian traffic and putting up the railing up may give people the wrong impression. Commissioner Butler agreed with David and voted against the motion essentially saying we were creating an attractive nuisance. David asked whether the funds could be used to pave Ocean Boulevard West. Chad said the monies for resurfacing and for the bridge project are separate, so NO.

Agenda Packet – December
Bridge Rehabilitation Project
As you may recall a couple of months ago, we presented two bridge railing options at your Commissioners meeting in reference to the Holden Beach bridge rehabilitation project, for your review and consideration. The Town chose the three horizontal rail design as shown in the attachment titled “Holden Rail Retrofit ­ Options 1 and 2.” Upon further consideration, we requested our design consultant provide a third railing option for the bridge rail retrofit, which I have attached, titled “Holden Rail Retrofit – Option 3.” The idea for this option came from the latest Surf City bridge design, which includes a smaller vertical “picket” than the option provided at the council meeting and may provide greater visibility. The support posts in this option are modified slightly as well.

The Town’s prior decision is still a perfectly valid option and it is not our intent to complicate matters with this proposal, we just wanted to extend this option to you, since it is also being extended to Ocean Isle Beach. We are currently under contract with Coastal Gunite Construction to perform the rehab work and will need to provide them with your choice of the 3 options.  If you will please review the attachments and provide us with a response by Friday, December 14, 2018, if at all possible, it will be greatly appreciated and can help the project stay on schedule.

Update –
The contract has been awarded, NCDOT plan to spend 3.3 million dollars rehabilitating the bridge, part of the High Value Bridge Program, including adding safety railings which brings the wall from 27” to 48” to meet current safety criteria. The project is scheduled to start in January and is expected to take through October of 2019 to complete. The BOC’s selected the new third option which includes two horizontal aluminum bars with thin vertical pickets.

A decision was made – Approved unanimously

The Surf City railing shown below is what we are getting minus the top horizontal bar.


6. Receipt of Inlet and Beach Protection Board Report – Commissioner Freer

Agenda Packet –

The Inlet and Beach Protection Board (IBPB) met November 29 and the following issues and topics were addressed:
Annual Beach Monitoring Report: Fran Way of ATM gave an in-depth presentation and answered questions about the report.

Comprehensive Long-Term Plan:  A working framework for the long-term plan was discussed and agreed upon. Sample reports will be distributed, and members will be thinking about which areas they would like to participate in.

Status of the Beach and Inlets: Staff provided an overview of conditions and issues relative to the beach strand and inlets in the aftermath of Hurricanes Florence and Michael. The Board was updated on the LFI situation and voted to schedule a special meeting. The County is looking for feedback in an expedited manner.

Community Engagement Newsletter: To meet the goal of serving as a link to the community as specified in the establishing ordinance, a regular (possibly quarterly) community newsletter will be created and distributed.

Meetings:  Members of the Board attended the NC Beach, Inlet and Waterway Association Annual Meeting, the Atlantic lntercoastal Waterway Association Meetings and the CRC meetings.

Previously reported –
Ordinance 18-02 established the Inlet and Beach Protection Board
The Ordinance requires a written report from this Board

Update –
No issues, accepted report


7. Police Report – Chief Wally Layne

Police Patch
So far so good, it’s been fairly quiet
We are not experiencing any major crime wave at the moment


Reminder 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

Keep Check Request Form
. a) Complete the form and return it to the Police Department
. b)
Officers check your property in your absence
.

Property Registration Form

. a)
Record of items in your home that have a value of over $100
. b)
Complete the form and return it to the Police Department


8. 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.

Previously reported –
April 2018
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. Buildings were designed in the same style as Town Hall. 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.

Previously reported –
May 2018
We’ve had a slight setback, we did not receive the three (3) bids required to move forward. Officially we accepted no bids, the two bids submitted will be held and opened upon the completion of the second go round. Chris was a little surprised and disappointed since their appeared to be a lot of interest when they held meeting with vendors. We will need to start the bid process over. The protocols on the second bid process do not require the three bids but the caveat is we can only consider quality bids.

Previously reported –
June 2018
BOC’s SPECIAL MEETING / May 23, 2018
Approved award of the Lift Station #4 upgrade contract to T.A. Loving Company in the amount of $1,205,000

Total project cost went from $1,413,000 to $1,695,700 or a $282,700 difference
Contingency funds were reduced from $157,400 to $52,480 or a $104,920 difference
Bottomline, the project cost just went up $387,620 ($282,700 + $104,920) or @27% (Yikes!)

A pre-construction meeting is scheduled for June 28th
We should have a tentative construction start date then

Previously reported –
July 2018
A pre-construction meeting was held on June 28th
The contractor was given notice to proceed
Mobilization is scheduled for the first week of August
Concerns:
. 1) Time to get materials – delay waiting for foundation steel
. 2)
Storm Season

Previously reported –
August 2018
Reviewed progress to date, despite the rain they are still on schedule, gave some tentative project timelines. It’s all good!

Previously reported –
October 2018
Making good progress, despite the two storm events they are still on track to complete project on schedule.

Previously reported – November 2018
Town hired Green Engineering for construction management services. Leo Green gave a brief status report. It’s all good, we are still on budget and on schedule. Project tentative completion date is the middle of January well before the tourist season begins. Leo meets with the town staff monthly to discuss any issues and keep everyone informed about the status of the project. Building Inspections Director Evans gave them two thumbs up for the work that has been done so far; really high praise coming from Timbo.

Update –
Tentative startup date is now January 15th, station will be fully operational after that date. Expectation is that they should have everything wrapped up by March of 2019.


9. Discussion on the Final Proposal of Waste Ordinance and Possible Adoption of Ordinance 18-16, An Ordinance Amending the Holden Beach Code of Ordinances, Chapter 50: Solid Waste – Commissioner Kwiatkowski

Additional changes were made tonight as follows:
    1)
Added language giving property owner some flexibility
.     2)
Changed language that decriminalized noncompliance

 §50.08 RENTAL HOMES.
(A) 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). In instances where three trash cans or more are required, one can may be substituted with a contractor approved recycling bin.

(B) Any property found in violation of division (A) above shall be subject to the penalties listed in § 50.99.

§50.99 PENALTY.
(A) Criminal. Any person who violates any provision of this chapter shall not be subject to the penalty provided in § 10.99(A) of this code of ordinances.

Commissioner Kwiatkowski worked with both the town staff and the town attorney to put together a final draft version of the amended Ordinance. There were lots of variables to be considered and they tried to address all the issues and concerns that were identified. Kudos to Pat for taking the bull by the horns, at times it seemed like she was herding cats, but due to her perseverance she managed to drag this Ordinance across the finish line.

A decision was made – Approved (4-1)

In order to be familiar with all of the changes that were made I strongly recommend that you read Ordinance 18-16. Any changes are bound to have ramifications; therefore, you need to know what that means to you. I encourage you to go to the Town website to see the final version that they adopted.


10. Discussion and Possible Action to Implement Board Rollback Decisions from the December 18th Workshop– Commissioner Kwiatkowski

They all agreed that rollback service should be provided for the whole island year-round and that all bins will be rollbacked, empty or not. So, this then became a budget issue. How do we fund this? They finally decided that they would continue to tap the BPART account fund for approximately $35,000 and the additional estimated $50,000 cost would come out of general funds which comes from property taxes.

A decision was made – Approved unanimously

Rollout is a separate issue, it was not addressed and will be discussed at a later date. It still isn’t clear what property owners are supposed to do with their full trash cans if they leave the island before the allowed rollout window. Rollback of full cans also was not addressed, and it will have all kinds of unintended consequences especially at properties where owners are gone for an extended period of time.


11.Discussion and Possible Approval of Amending the Fee Schedule – Town Manager Hewett
.  a) Resolution 18-13, Resolution Amending the Holden Beach Fee Schedule (Recycling Charges)
.  b)
Resolution 18-14, Resolution Amending the Holden Beach Fee Schedule (Special Event Fees)

Agenda Packet –
The Town needs to implement two fee schedule changes. Currently the Town is not assessed a processing fee for recyclables. As reflected in the current contract between the Town and Waste Industries, beginning in January 2019 the Town will be assessed a processing fee that is tied to the best negotiated agreements with local processors. Waste Industries has informed us the increase for the upcoming year will be $14.92 per bin. The fee schedule needs to be updated to reflect the change. Resolution 18-13 increases the fee by $14.92. The information in Resolution   18-14 regarding Special Event Fees was discussed at the November meeting. It includes the language change suggestion that was approved in the motion. Both resolutions require changes to the fee schedule.  Recommendation is to adopt the fee schedule changes by adopting Resolution 18-13 and Resolution 18-14.
Residential Curbside Trash (second pickup) – The charge for once per week secondary residential curbside trash to CUSTOMER from CONTRACTOR shall be $6.58 per month per cart. CONTRACTOR will provide one 95 (ninety-five) gallon cart for MSW to each address using the Services. CUSTOMER may request additional carts for residents. Additional carts will be billed by the number of carts requested multiplied by the monthly rate of $8.40 and billed directly to property owner. This pickup service will be provided on Saturdays for the months of June, July, August & September.

Curbside Recycle – CONTRACTOR will provide a 95 gallon recycle container for the voluntary program for a price of $4.00 per month per property owner. There will be no processi ng fees charged for recyclables through December 31, 2018.  Beginning January 1, 2019, procesing fees/payment will be tied to the best negotiated agreements with local processors. These fees/payments will be mutually agreed upon but not reasonably withheld. Waste Industries will supply documentation a part of the process of negotiations.

RESOLUTION 18-13
RESOULUTION AMENDING THE HOLDEN BEACH FEE SCHEDULE

WHEREAS, As reflected in the Solid Waste and Recyclables Collection. Transportation and Disposal Agreement between the Town and Waste Industries, beginning in January 2019 the Town will be assessed a processing fee based on the best negotiated agreements with local processers; and

WHEREAS,
the increased annual cost per bin due to the new costs is$14.92, increasing the total assessed to $82.48; and

WHEREAS, the Holden Beach Fee Schedule needs to be updated to reflect the addition of the processing fee.

NOW THEREFORE BE IT RESOLVED, that the Board of Commissioners of the Town of Holden Beach, North Carolina does hereby amend the fee schedule to reflect the new recycling fee of $82.48 per bin.

BE IT FURTHER RESOLVED, that this fee should be effective for recycling  services beginning on January 1, 2019.


RESOLUTION 18-14
RESOULUTION AMENDING THE HOLDEN BEACH FEE SCHEDULE

WHEREAS, The Parks & Recreation Advisory Board reviewed race recommendations for the Town of Holden Beach; and

WHEREAS, The Parks & Recreation Advisory Board recommended Implementation of a special event fee to offset the cost incurred to the Town for such races; and

WHEREAS, The Board of Commissioners reviewed the proposal in November and added language to reduce or waive if appropriate.

NOW THEREFORE BE IT RESOLVED, that the Board of Commissioners of the Town of Holden Beach, North Carolina does hereby amend the fee schedule to reflect the addition of a $1,500 special event fee for races, in which the Town has the discretion to reduce or waive the fee if appropriate.

NOW THEREFORE BE IT FURTHER RESOLVED, that if the number of Police Officers exceeds five, an additional fee will be charged.

Previously reported – November 2018
The staff would recommend the adoption of the above motion to charge a special event fee of $1,500 in which the Town has the discretion to waive the fee for non-profits.
Currently we are not getting any revenue from these events, but we do incur significant costs. Essentially, we are looking to charge the event sponsor enough to offset the costs. It will be back on the agenda next month with an adjustment to our fee schedule.

Update –
Resolution 18-13, the addition of a $1,500 special event fee for races
Resolution 18-14, processing fee of $14.92, increasing the recycling fee to $82.48 per bin

A decision was made – Approved unanimously


12. Discussion and Possible Action on Poyner Spruill LLP Proposal Concerning Consulting Services – Town Manager Hewett
. a)
Ordinance 18-17, An Ordinance Amending Ordinance No. 18-10, The Revenues and Appropriations Ordinance for Fiscal Year 2018 – 2019 (Amendment No. 4)

Previously reported – October 2018
It has been the Mayor’s position that we need to hire a professional consulting firm because we need representation on multiple topics at the local, state and national levels of government.

McIntyre did a brief recap of presentation that was made earlier in the day on what they can do for us. The consensus appeared to be that we need someone to speak on our behalf and they can make it happen.

Questions that remained to be answered are as follows:
. 1)
What are we going to get?
. 2)
How much will it cost?

Agenda Packet – November
Scope of Engagement
We have agreed to advise and assist you with governmental matters and legal issues that arise and the Client hereby engages Poyner Spruill LLP to perform the following services in accordance with the terms and conditions set forth in this Agreement: assisting with the Client’s efforts to secure sufficient federal funding and timely regulatory and project management for federal shore protection projects located at Holden Beach, North Carolina, as more particularly described and listed and incorporated herein by reference in Exhibit A, which is attached. The Client acknowledges and agrees that Poyner Spruill LLP does not have control over third party decision makers, and, that Poyner Spruill makes no representations, warranties, or guarantees that it can achieve any particular results. Poyner Spruill LLP shall act in good faith with the necessary due diligence in connection with its performance of the services described herein. Two local meetings with the Council and two trips to Washington, D.C., per 12-month period, as well as a monthly status report, are included in the services to be provided. Our work will be primarily on the federal level It is understood that The Ferguson Group will be assisting our firm on your behalf with regard to the services above-described. If the need arises for specialized assistance, such as grant writing or for legislative monitoring/research, then fees and costs incurred for such services will be billed separately to the client.

Retainer
The retainer for our services will be $9,500.00 per month.

Fees and Expenses
Attached to this letter is a copy of our Standard Terms of Representation which would control such matters. If an appearance before an adjudicating body of either of the executive or judicial branches is requested, then services may be provided by our firm at an hourly rate, which currently could range from $375 to $575 per hour. If needed, time devoted by paralegals would be charged at hourly rates ranging from $175-$280 per hour.

OPTION 1
– Federal issues related to Lockwood Folly Inlet Maintenance;
– Federal issues related to beach renourishment;
– Federal issues related to the General Re-evaluation Report;
– Examination of Hazard Mitigation Grant Program funding possibilities;
– Identification of grant opportunities for a second water tower for the Town and review of grant applications

OPTION 2
– Federal issues related to Lockwood Folly Inlet Maintenance;
– Federal issues related to beach renourishment;
– Federal issues related to the General Re-evaluation Report;
– Examination of Hazard Mitigation Grant Program funding possibilities;
– Identification of grant opportunities for a second water tower for the Town and review of grant applications
– Federal issues related to Shallotte Inlet maintenance;
– Review and work toward federal opportunities to assist with industry vessels needed;
– Work on easement issues to allow Town-owned property to be used for disposal of local dredging projects from federal perspective;
– Facilitation of discussions with FEMA regarding response time to Project Worksheets;
– Pursuit of quicker response from FEMA regarding final close-out payments

Previously reported – November 2018
Proposal / Ordinance 18-17
Approval is required in order to execute either of the proposals
Option 1 which reduces the level of proposed services (5) requires funding of $52,500
Option 2 the level of proposed services (10) requires funding of $66,500

For both options the amount to fund the retainer only provides funds through the end of the fiscal year.

Move funds of $66,500
From Revenue account #50.0399.0000 to Expense account#50.0710.0400

The Board in response to the presentation made by this firm requested them to bring back a proposal. Poyner Spruill submitted two proposals with a suite of services offered. Option 2 requires a retainer of $9,500 per month or a minimum of $114,000 annually. At this point we had what could be described as a spirited discussion.

Some of the major talking points were –
. 1)
What are our priorities?
. 2)
Have we utilized the other options available to us?
. 3)
Should we talk to other providers and get competitive bids?
. 4)
What are we comfortable spending?

In the end they asked the Town Manager to approach the firm and essentially ask them to redo their proposal. The BOC’s were able to agree to narrowing our priorities down to just two subject matters – Lockwood Folly Inlet and Beach Nourishment.

Request is to specifically ask them to clarify the scope of work, basic steps, deliverables, and the chances of success

A decision was made – Approved unanimously

Agenda Packet – December
Scope of Engagement.
We have agreed to advise and assist you with governmental matters and legal issues that arise and the Client hereby engages Poyner Spruill LLP to perform the following services in accordance with the terms and conditions set forth in this Agreement: working with the Client to secure federal assistance and project management regarding: (1) federal issues related to beach nourishment at Holden Beach, North Carolina, and (2) federal issues related to Lockwood Folly Inlet maintenance.

Retainer
The retainer for our services will be $6,975.00 per month.

Holden Beach Renourishment Project, NC: Background, Status and Proposed Scope of Work

Status
    1)
Securing the funding to complete the General Reevaluation Report.
.     2)
Identifying an appropriate project plan.
    3)Obtaining sufficient borrow material available to construct and nourish the project for 50 years.
    4) Determining whether the amount of borrow material necessary to construct and nourish the project for 50 years can be obtained without significant environmental impacts.

Proposed Scope of Work
Step 1. Facilitate Discussions with the Corps of Engineers
Step 2. Develop a Detailed Strategy to Get the General Reevaluation Report Back on Track
Step 3. Initiate Implementation of the Strategy.
        • Steps 1-3 should be accomplished within the first six months of the contract.
Step 4. Ensure that the Project is Properly Scoped
Step 5. Work to Ensure that the General Reevaluation Report is Completed in a Timely Manner.
Step 6.  Help Pursue a Construction New Start.

Poyner Proposal Options –

Option A –
The level of proposed services (10) requires funding of $9,500 per month or a minimum of $114,000 annually.
Option B –
The level of proposed services (5) requires funding of $7,500 per month or a minimum of $90,000 annually.
Option C –
The level of proposed services (2) requires funding of $6,975 per month or a minimum of $83,700 annually.

Update –
Once again, they asked the Town Manager to approach the firm and essentially ask them to redo their proposal.
The BOC’s were able to agree to narrowing our priorities down to just one issue Beach Nourishment.

So, let me get this straight –
We go from ten (10) proposed services to just two (2) which is an 80% reduction
But the cost goes from $9,500 to $6,975 only a 27% reduction
But wait, it gets worse …
They reduce the service request to one issue without knowing what if any reduction in cost will be

Proposal / Ordinance 18-17
Approval is required in order to execute the proposal
Move funds of $41,850
From Revenue account #50.0399.0000 to Expense account#50.0710.0400

A decision was made – Approved unanimously

I’m confused… what just happened?
It’s not obvious to me, what exactly we are getting and how much it will cost us.

We just committed to hiring a prestigious law firm with little or no experience in beach nourishment issues.
Not to mention, we did not even bother to see what other firms can do and at what cost.
Do we know if this really is the best we can do?


13. Discussion and Possible Approval of Ordinance 18-18, An Ordinance Amending the Holden Beach Code of Ordnances, Chapter 30: Town Government and Officials (Section 30.26 Audit Committee of the BOC) – Commissioner Fletcher 

Agenda Packet –
TOWN OF HOLDEN BEACH ORDINANCE 18-18
AN ORDINANCE AMENDING THE HOLDEN BEACH CODE OF ORDINANCES, CHAPTER 30:
TOWN GOVERNMENT AND OFFICIALS (SECTION 30.26 AUDIT COMMITTEE OF THE BOC)

BE IT ORDAINED BY the Mayor and Board of Commissioners of the Town of Holden Beach, North Carolina that the Holden Beach Code of Ordinances, Chapter 30: Town Government and Officials (Section 30.26 Audit Committee of the BOC) be amended as follows:

Section One: Amend Section 30.26 Audit Committee of the BOC to read as follows:

§30.26 Audit Committee of the BOC
(A) There is hereby established an Audit Committee of the BOC, which shall be comprised of a Chairman of the BOC Audit Committee and not fewer than two, nor more than four Public members, as determined by the BOC at the first regular Board of Commissioners meeting in January

POWERS AND DUTIES
The Audit Committee shall:
. 1.
Serve as an advisory board for the Town’s Board of Commissioners;
. 2.
Assist and advise the BOC in its oversight responsibilities for the town’s financial reporting process, systems of internal financial controls and the external audit process;
. 3.
Recommend to the BOC the selection of the independent external audit firm to conduct the annual external audit;
. 4.
Evaluate the performance of the external audit firm as it relates to the annual audit of the Town of Holden Beach and its self-insurance policies;
. 5.
Review, advise and make recommendations to the BOC with respect to the town’s treasury management function and its’ risk management policies and procedures, including without limitation, the town’s insurance and self-insurance policies;
. 6.
Confirm the Town’s internal control systems are in place and implemented, including information technology security and control;
. 7.
Confirm Town management implements audit report recommendations;
. 8.
Continually evaluate the independence of the external auditors; to audit findings and forward findings to the Board of Commissioners;
. 9.
Review the Town’s CAFR, management letter and management’s response;
. 10.
Review and reassess the adequacy of this Charter at least every two years, with any revision submitted to the Board of Commissioners for approval;
. 11.
Provide an avenue of communication among the Board of Commissioners, Town Management and the external independent auditors;
. 12.
Perform other functions from time to time as shall be delegated or assigned to it by the

APPOINTMENT, TERMS
The Chairman of the BOC Audit Committee shall be elected by the BOC at the first regular meeting in January. The Public Members shall be appointed by the Chairman of the BOC Audit Committee, subject to confirmation by the BOC. The Chairman of the BOC Audit Committee, an elected Commissioner, and each of the Public Members shall have a normal term of one year and shall serve at the pleasure of the BOC.

MEETINGS
. 1.
The Audit Committee will meet at least four times each year (quarterly to assess the quarterly financial The Committee will also meet at least one additional time a year to review the final audit report from the external auditors. The Chair may call additional meetings as deemed necessary in fulfillment of the role of the Committee.
. 2.
The Audit Committee shall comply with the provisions of the North Carolina Open Meetings Law, § 143-318.9 et seq. A quorum shall be in attendance before any action of an official nature can be taken. A quorum shall exist when a majority of the Committee is in attendance.
. 3.
The Audit Committee may invite the manager, staff, auditors and others to attend the meetings and provide pertinent information, as

ATTENDANCE
All Committee members are expected to attend every meeting. Requests for excused absences due to sickness, death or emergencies of like nature shall be approved by the Committee as approved absences and shall not affect membership, except that in the event of a long illness, or other such cause for prolonged absence, the member may be replaced.

Agenda Packet – November
Audit Committee Charter and By Laws
§30.26 Audit Committee of the BOC

Previously reported – July 2018
Commissioner Fletcher felt there was a gap between the Board’s intention and what has actually come to pass based on the Town’s staff interpretation. John as Chair of the Audit Committee requested that the Board clarify what functions they wanted the Audit Committee to perform. The Board advised him that the Audit Committee must adopt their bylaws and then bring it back to the Board for discussion and approval.

Previously reported – August 2018
Commissioner Fletcher submitted the bylaws that the Audit Committee unanimously approved. Noel Fox the Town Attorney took issue with several items. They will have to submit an amended / revised version for approval again. Who knew this could be so complicated? The Board did manage to authorize the Audit Committee to schedule a meeting with the firm conducting the internal control review. The Board does not want to wait for a final report and requested an interim status update as soon as it can be made available.

Previously reported – October 2018
This was on the agenda in July, August and September. They anticipate having document that has been approved by the Town Attorney and the Audit Committee for the BOC’s Regular Meeting in November.

Previously reported –November 2018
Well this did not go well. Once again, it was not approved as submitted. Mike and Pat took umbrage to some verbiage. The Town attorney said that the document submitted tonight is not what she recommended and submitted to the Audit Committee. In December of 2015 Resolution 15.17 established the Audit Committee. Three years later we still do not have bylaws or charter. Seriously how tough is this to get right? It was sent back to the Audit Committee one more time.

Update –
Yet again, it was not approved as submitted. Mike and Pat took umbrage to the verbiage “The Public Members shall be appointed by the Chairman of the BOC Audit Committee”. They would prefer that the BOC’s selected the members of the Audit Committee the same way they select the members of all the other committees, but they were agreeable to the Audit Committee establishing specific requirements with a job description that indicated the preferred qualifications for the candidates. After considerable discussion they finally agreed to basically change just one word appointed to recommended. It now reads, “The Chairman shall make a recommendation to the BOC’s who shall serve”.

A decision was made – Approved unanimously


14. Discussion and Possible Action on Amending the Rules of Procedure
. a)
Part VI. Agenda, Rule 13. Agenda, Section A & Part X. Public Hearings and Comment Periods, Rule 36, Public Hearings and Comment Periods, Section 2, Public Comment Periods– Commissioner Butler
. b)
Part VI. Agenda, Rule 13. Agenda, Section B – Commissioner Kwiatkowski

Agenda Packet –
Commissioner Butler
Part VI. Rule 13, Section A
I am recommending that the second sentence contained in Rule number 13, Agenda, on page 5 of the Suggested Rules of Procedure for the Town of Holden Beach Board be revised. To be consistent at both Regular and Special Meetings I would like for the current wording in that sentence be standardized for both Regular and Special Meetings to encourage public participation to provide comments on Agenda Items. This recommendation can also be added to page 16, (2) Public Comment Periods, providing the public an opportunity to comment on an agenda item at both Regular and Special Meetings.

Commissioner Kwiatkowski

Part VI. Rule 13, Section B
Proposal to Amend the Suggested Rules of Procedure for the THB Adopted in Resolution 18-07
Remove the word significant from the last sentence ” Items that are added to the agenda at a meeting in combination with significant supporting documentation will be designated “For Discussion”, with action deferred to a later session.” This adds clarity to the intent that new agenda items proposed at a meeting that involve handouts (or the reading of written statements/supporting documents) to propose a BOC decision, for example, to adopt or amend resolutions, policies, procedures, ordinances, etc., can be accepted only for discussion at the current session. This ensures maximum transparency in that the public has a chance to read and make fully informed comment on the proposed action. The above does not apply in cases where an immediate budget amendment may be necessary and due to timing, the background documentation was not available prior to the meeting.

Previously reported – November 2018
Agenda Approval
Commissioner Butler made a motion to add an agenda item as follows:
Discussion and Possible Action –
Amend Resolution 18-07 Rule 13 to Allow Public Comments at Special Meetings

Mayor Pro Tem Mike Sullivan and Commissioner Patricia Kwiatkowski both objected
Although both are in favor of making the change, they oppose the way it was introduced

They have been consistent in their position as follows:
. 1)
Process needs to be followed
. 2)
Items need to be submitted prior to the meeting
. 3) Material
should be provided prior to meeting so they can review and understand it
. 4)
Information should be included in Agenda Packet
. 5) The p
ublic should also see material prior to meeting
Update –
Part VI. Rule 13, Section A
The proposed agenda allows preparation by commissioners, staff and encourages public participation.
Despite that all five Commissioners previously indicated that they wanted the change we spent an inordinate amount of time discussing whether it was necessary or not.

A decision was made – Approved unanimously

Part VI. Rule 13, Section A
Items that are added to the agenda at a meeting in combination with significant supporting documentation …

A decision was made – Approved unanimously


15. Discussion and Possible Action Related to Large/ Party Houses on Holden Beach – Mayor Pro Tem Sullivan

Agenda Packet –
I would like to have the Planning and Zoning Board revisit the issue, by investigating and reporting to the Board of Commissioners on the feasibility and applicability of the measures proposed by Dare County, as follows:
. 1)
At last week’s Duck Town Council meeting, members considered a recommendation by the Duck Planning Board to regulate occupancy by establishing town standards for the capacity of septic systems based on lot sizes.
. 2) They also scheduled for Dec. 5 a public hearing on a draft ordinance that would set a tiered approach to regulating house size based on lot size.

Dare Towns Look to Manage ‘Mega-Houses’
As Dare County municipalities try to address concerns about the proliferation of “mega-houses” and their impact on the character and environment of beach communities, the town councils in both Southern Shores and Duck met last week to explore new approaches to the issue.
Read more » click here

Update –
Planning & Inspections Director Evans poured some cold water on the discussion, by reminding them that you cannot legally regulate the number of bedrooms. That said, they would like to investigate if it is feasible to obtain the same outcome but approach it from a different way.

A decision was made – Approved unanimously


16. Discussion and Possible Scheduling of a Date for Setting 2019 BOC Objectives with Town Management – Commissioner Kwiatkowski

Agenda Packet –
Commissioner Kwiatkowski
As we start the year, there would be benefit from a Board of Commissioners and Town Manager meeting to set agreed major 2019 objectives before we begin the budget process. The BOCM should schedule a January date for such a meeting.

Update –
By consensus they agreed to schedule a January workshop

In 2017 we started the budget process in January. The request was made to move everything up and start the process earlier. However, the Budget schedule last year wasn’t moved up in any meaningful way. The Board is still not really working on the budget until the eleventh hour. I am disappointed that we have not even established the budget meeting schedule yet.

Budget Season 2017 / Meeting Schedule
.     1)
23 Jan                BOC’s Workshop Goals / Capital Programs
.     2)
24 Feb               Canal Dredging Working Group
.     3)
3 Mar                 Departments Input to Manager
.     4)
15 Mar               BOC’s Workshop Revenues
.     5)
24 Apr               BOC’s Workshop Expenses
    6)
15 May              Budget Message
.     7)
9 June                Special Meeting / Public Hearing
.     8)
20 June              Regular BOC’s Meeting
    9)
30 June              Budget Adopted

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.

This is what I’d like to see the budget process look like starting in January –
Monthly Meetings / Workshops
Board Goals
Review Capital Improvement Plan
Staff presentations – wants / needs / revenue streams / cost cutting measures
Review Towns current level of services provided – change /add / delete
Review staffing and compensation package
Line by line review of the budget
Appropriate funds for the following:

  • Beach Nourishment
  • Dredging
  • Infrastructure Reserves – Water System / Sewer System / Roads & Sidewalks

17. Discussion and Possible Action on Lockwood Folly Dredging Issues – Vicki Myers, Chair Inlet & Beach Protection Board

Agenda Packet –
NCDWR Grant for Wider and Deeper Project
The Inlet and Beach Protection Board (IBPB) met December 7th for a Special Meeting to discuss the County’s request for a response regarding the North Carolina Department of Water Resources (NCDWR) grant they received for dredging the outer bar of the Lockwood Folly Inlet, commonly referred to as the Wider and Deeper Project.

Our consulting engineer has expressed concerns about the potential impacts this project could have on our East End and the beach strand as a whole, especially if the project is executed and the resultant sand is not placed on Holden Beach.

The BOC’s Resolution 18-10 states that before a decision is made on the Wider and Deeper project that a “data driven cost benefit analysis that included possible environmental impacts” be completed. It also notes that “no historical monitoring or state of the art modeling data has been produced”.

The ordinance which established the IBPB directed the Board to make recommendations on the feasibility, cost and benefits of projects. The IBPB discussed the issues related to the NCDWR grant and offers the following comments:

Feasibility:

  • Permitting for this project raises many questions. It is unclear if this will require a major or minor modification to the Town’s SDl-5 There are also obstacles in permitting such as documented historical wrecks and potential environmental concerns.
  • The project is estimated as a piggy-back It is unclear if an ocean-going dredge will be available. Without availability, the cost would increase dramatically.

Cost:

  • The estimated cost to the Town would be $13/cy, which is a good price – if that figure ends up as the final price. The figure would change if a piggy-back option were not available.
  • A funding source for the project was di The Board recommends that the BOC and Town Management determine where the funds should come from, recognizing that there is an existing funding structure in the Town’s budget.

Concerns:

  • Our Consulting Engineer has expressed concerns about the potential negative impacts to our beach if we do not receive the sand from this As the down-drift beach, we would feel the impact more than neighboring beaches.
  • The grant estimates that 250,000cy of material would be This amount has never been taken from the Lockwood Folly Inlet.
  • If there are negative impacts to our beach, or neighboring beaches, who would be responsible?
  • The email from the County states that if the project is deemed a success, in the future projects would alternate sand placement between Holden Beach and the neighboring beach. How is success determined and what defines it? Is success defined in terms of navigation or erosion?
  • Holden Beach’s East End has continual, chronic erosion As the down-drift beach we do not support a sharing arrangement. This is consistent with Ocean Isle Beach receiving dredge material from the Shallotte Inlet.
  • It is unclear who is responsible for this project in the While the Corps has traditionally been responsible for the inlet, NCDWR requires that the entity receiving the grant, in this case the County, take responsibility for the long-term maintenance of the project. The County agreed to this in their resolution when applying for the grant.

Recommendations:

  • The IBPB recommends that the Town pursue this opportunity and that the sand be placed on the East End of Holden Beach, as indicated in the grant applicati We feel this is especially important as the Town is missing out on this cycle of the Lockwood Folly Crossing sand.
  • We recommend that Town Staff follow up with the County regarding comments in the email about the project being determined to be a
  • Participation in the Wider-Deeper Project should not be construed as supporting the sharing of sand from the outer bar with neighboring
  • We recommend that the proposed cost sharing arrangement be di The burden share of 75% recipient beach/25% County has increased from past projects. The cost of permits and easements are included in the grant, but the Town has already expended funds to obtain these.

In summary, the IBPB unanimously feels that if this project goes forward it is essential that the sand come to Holden Beach. As the down-drift beach, we cannot afford for the dredging to occur without sand placement on our beach.


IBPB Special Meeting / December 7, 2018

Public Comments

  • Added Public Comments to agenda, not the norm for Special Meetings
  • Special Meeting
    • Regular Meetings are looser, allow for more interaction/participation with Public
    • Since this is a Special Meeting would like to hold comments until end of meeting

LFI Dredging Issues:  Wider and Deeper

Memo from Steve Stone, Deputy County Manager

  • Grant was approved – application submitted last July with stipulation that a letter of support for Oak Island’s sand permit be sent
  • Funds from State’s Shallow Draft Inlet Fund
  • ~250,000cy from outer bar, widening and deepening the channel
  • 02(c) of the IBPB ordinance addresses making recommendations on feasibility, Cost/benefit within Town as a whole
  • We need to send our comments to the BOC for them to act at their December Meeting, Mr. Stone wants to hear back by Beginning of January

Resolution 18-10

  • In Town’s Resolution, sent to everyone, we asked that before a decision is made “data driven cost benefit analysis that includes possible environmental impacts”
  • Also, “no historical monitoring or state of the art modeling data has been produced to demonstrate the benefits of such a project outweigh the risk of adverse effects”
  • NOTE: Original version did not have this.
  • We are an advisory board, and this is what the BOC said, so we are obligated to put it in

Impacts to HB

  • Consulting Engineer Fran Way has major concerns about the project, especially if sand is placed on Oak Island

Permitting Concerns

  • Is this truly a minor permit modification? Doug Huggett CAMA – major
  • 408 review?
  • Core samples?
  • Turbidity
  • Will an EA be required?
  • Fran:
    • Bottom Line – may not happen, or not by 2019
    • Wrecks
    • Modeling shows changes to river salinity
  • Is this EFH Essential Fish Habitat area? Was Larval Transport study complete?
  • What permits are required, who has them, and will Oak be able to get them?

Costs

  • Permitting costs are wrapped into the grant, if sand comes to Holden and we are using our permits (which we have already paid to obtain) then the cost share should be reduced.
  • State Funding 2/3 – 2,754,650 Local funding 1/3 – 1,377,350
  • County proposed 75/25 split. They would pay $344,338 and one of the Towns would pay $1,033,013.
  • Sand would cost $4.13cy We paid $0.63/yd for LFIX in 2017 for120,000cy. We paid $8/cy in 2014 for 93,000cy? (numbers not clear on this one)

My thoughts

  • All sand from LFI should be placed on HB as the down drift beach, just as Ocean Isle gets the Shallotte Inlet
  • We need to back up our comments from earlier this year and clearly and unequivocally insist the sand should come here
  • Sharing arrangement is not acceptable

Outstanding Questions

  • Memo from Stone
    • Define “successful”
    • Wider/Deeper should never go to Oak because of the impact on HB
  • What is the “safe” amount that can be taken from the inlet without causing problems to the inlet or beaches – sediment budget?
  • We have never taken this sand before – max was 140,000cy in 2010 with the LFIX
  • If sand is given to Oak can we protest that the grant application included project design documents only showing HB placement?
  • What is the implication in the County’s resolution that they will be responsible for long term maintenance of the project? Are they taking over the outer bar channel from now on?  No more Murden or Merritt?

Other Issues

  • Need to schedule an agenda meeting with David/Christy/Mike
    • Discuss ways to get IBPB members on Boards/Committees/Commissions
    • Quarterly MOA meeting?

BRUNSWICK COUNTY BOARD OF COMMISSIONERS OFFICIAL MINUTES
REGULAR MEETING JULY 16, 2018

NCDWR Grant Resolution (Steve Stone, Deputy County Manager) Request that the Board of Commissioners consider approving a resolution of application to the NC Division of Water resources for a grant to dredge an improved navigation channel at the Lockwood Folly Inlet.

Mr. Stone explained that the US Army Corps of Engineers (USACE) only had enough funding and/or equipment over the last several decades to dredge the navigation channel to a depth of about 8 feet. However, the channel is authorized to a depth of 12 feet. This project would propose that the County engage a private party, presumably a party that is under contract with the USACE to do other work, for a $4 million project that would dredge the channel to 14 feet deep and a full 150 feet wide. The State will pay two-thirds of the cost of this project, including soft costs such as engineering and administrative costs.   It is recommended that the Board consider paying one quarter of the local share, and whichever beach community receives the sand pay the other three quarters of the local share. While this is a navigation project, approximately 200,000to 300,000 cubic yards of suitable sand would be produced to be placed on a beach on either side of the channel. All the permits are not in place; however, the project would work toward that permitting.  The sand is worth $2 to $3 million. There is no obligation to accept the grant if it is awarded.  If it is awarded and the County goes through permitting and engineering activities, and the project does not occur, those activities would still be eligible for the State funding and could be used for future potential projects.

RESOLUTION TO SPONSOR –
THE LOCKWOOD FOLLY INLET OCEAN BAR NAVIGATION MAINTENANCE PROJECT

WHEREAS, the Brunswick County Board of Commissioners (Board) desires to sponsor the Lockwood Folly Inlet Ocean Bar Navigation Maintenance Project, which will provide an improved and more durable navigation channel at the Lockwood Folly Inlet.

NOW, THEREFORE, BE IT RESOLVED THAT:

1)     The Brunswick County Board of Commissioners requests the State of North Carolina to provide financial assistance to Brunswick County for the Lockwood Folly Inlet Ocean Bar Navigation Maintenance project in the amount of $2,750,000.00 or 67 percent of project construction cost, whichever is the lesser amount;

2)     The Board assumes full obligation for payment of the balance of project costs;

3)     The Board will obtain all necessary State and Federal permits;

4)     The Board will comply with all applicable laws governing the award of contracts and the expenditure of public funds by local governments.

5)     The Board will supervise construction of the project to assure compliance with permit conditions and to assure safe and proper construction according to approved plans and specifications;

6)     The Board will obtain suitable spoil disposal areas as needed and all other easements orrights-of-waythatmaybenecessaryfortheconstructionandoperationoftheproject without cost or obligation to the State;

7)     The Board will assure that the project is open for use by the public on an equal basis with no restrictions;

8)     The Board will hold the State harmless from any damages that may result from the construction, operation and maintenance of the project;

9)     The Board accepts responsibility for the operation and maintenance of the completed project.

Adopted by the Brunswick County Board of Commissioners this 16th day of July 2018.


18. Discussion and Possible Approval of Board of Commissioners’ 2019 Meeting Schedule – Town Clerk Finnell

 Regular Meetings are held on the third Tuesday of each month

TUESDAY, JANUARY 15th
TUESDAY, FEBRUARY 19th
TUESDAY, MARCH 19th
TUESDAY, APRIL 16th
TUESDAY, MAY 21st
TUESDAY, JUNE 18th
TUESDAY, JULY 16th
TUESDAY, AUGUST 20st
TUESDAY, SEPTEMBER 17th
TUESDAY, OCTOBER 15th
TUESDAY, NOVEMBER 19th
TUESDAY, DECEMBER 17th 

Meeting schedule was adopted with no changes.

A decision was made – Approved unanimously


19. Town Manager’s Report

Personnel Announcements
Chief Layne has officially announced his retirement effective 1 April 2019
Detective Dixon is formally designated “Chief in Waiting”
Officer Colten Robinson has joined the Police Department and is in field training program

Administrative Assistant Inspections Department Ava Cain announced her retirement effective 1 January 2019
Former Beach Ranger Maddie Zehneler is filling the position on a temporary basis

Former Beach Ranger Megan Hegador is now a regular full-time Administrative Assistant at the reception desk

Rollout Service
Waste Industries offers rollout service, by request basis, to infirm resident homeowners

Canal Dredging Project
Previously reported – December 2017
Adoption Resolution 17-10, Water Resources Development Grant ($1,439,922)
The grant is good for two years and will accelerate our current dredging schedule. Each canal will be responsible for paying for their dredging project costs upfront. It is a reimbursement grant which means we do not receive the funds from the state until after satisfactory completion of the project.

Previously reported – June 2018
The Town is planning to perform a complete dredge of all of the canals this coming fall/winter (November 2018 – Mar 2019). 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. The Town has been preparing the area adjacent to the dog park as an alternate site if unable to use the USACE dredge spoil areas. David reminded us that this is a big undertaking with lots of moving parts and will require considerable time and effort from the Town staff to pull it off without a hitch.

Water Bill
The Town is planning to perform a complete dredge of all of the canals this coming fall/winter (November 2018 – Mar 2019). 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. 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.

Previously reported – August 2018
Town had meeting with potential bidders for the canal dredging project
He anticipates bid letting date sometime in September
Dredging is scheduled to start in the middle of November

The Town has been preparing the area adjacent to the dog park off Scotch Bonnet.
It will be necessary to close the dog park this winter once dredging project begins.
The dog park will probably have to be closed until Memorial Day in 2019.

Previously reported – October 2018
Construction at the Scotch Bonnet dredge spoil area began this week in preparation for this winter’s canal dredging project. We ask that canal property owners begin to move their boats and docks if possible in preparation for the dredge event. The tentative schedule will begin with Holden Beach Harbor mid-November, followed by Heritage Harbor mid-January, and Harbor Acres mid-February.

Previously reported – November 2018
King Dredging is fully mobilized on site with dredge in canals. Scotch Bonnet dredge spoil area work is just about completed. Dredging operations are scheduled to commence the first day of December working the canals from east to west. Property owners should have made dock and boat arrangements already, but if you haven’t there’s still a little time left.

King Dredging is just about ready to begin with the following tentative schedule:
. 1)
Holden Beach Harbor – December 1st through January 25th
. 2) Heritage Harbor – January 26th through February 25th
. 3) Harbor Acres – Feb 26th through April 9th

Update –
Canal Dredging operations are underway but is running about two weeks behind projected schedule.
The dredge “Patricia Sanderson” started work in the Holden Beach Harbor feeder canal. 

No Name Storm
Thanksgiving weekend flooding caused numerous sewer system operations issues. Circumstances were very similar to a hurricane event with one major difference, the island was populated, and the sewers system was operational. Operations could not have been maintained if the flooding was more widespread.

Storm Events
Three FEMA hurricane damage reimbursement programs being worked simultaneously
. 1)
Matthew $350,000 reimbursement still outstanding
. 2)
Florence @$8,000,000 submitted everything we could
.
Federal Beach Technical Advisor has information necessary to complete required Cat G Project Worksheet.
. 3)
Michael submitted our estimated losses
. • W
ithout federal declaration this might not happen
.
Governor Cooper has requested federal declaration
.
Federal Beach Technical Advisor will write submittal
.
Additional surveying of beach strand losses underway to meet federal guidelines


General Comments –

There were fourteen (14) members of the community in attendance

Meeting Agenda
Yet another marathon session, the meeting ran for over three (3) hours

The BOC’s January Regular Meeting has been rescheduled to the third Tuesday of the month, January 15th

Fiscal Year 2017 – 2018 Audit Results
Auditor’s report is due by October 31st
and is normally is given at the October meeting. Report was not given at the October meeting and it wasn’t scheduled at the November or December meetings. Town Manager reported at the October meeting that the two storm events have delayed the annual audit process. The field work by the external auditor won’t be completed till mid-November. The auditor Rives & Associates has advised the Local Government Commission.

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.

I respectfully submit my Xmas list

These are the items I would most like to see addressed this year.
.1)
Beach – Strand / Inlet / Groin
.   a)
Select an East End nourishment project strategy
.   b)
Support Lockwood Folly Inlet waterway maintenance projects, keeping inlet navigable
  c)
Work together on beach protection issues with surrounding communities
  d)
Increase Beach Strand Ordinance Compliance & Enforcement
  e)
Expand Beach Ranger Program by having it cover shoulder tourist season too
.2) Parking
  a)
Develop plans for a promenade on Jordan Boulevard
.   b)
Utilize acquired properties for additional parking
.   c)
Prohibit right-of-way parking
.3) Trash Services
  a)
Offer a suite of services to all properties with a user fee charged for those that want the service
.   b)
Make policies both fair and consistent
.4) Community Rating System – improve rating so flood insurance rates are discounted


 Do you enjoy this newsletter?
Then please forward it to a friend!
 


Request –

We encourage you to pass along this newsletter to anyone else you think would enjoy it. We would like to include other members of the community and are asking for your help in making that happen. To be added to our distribution list send an e-mail to hbpoin@ec.rr.com or subscribe on our website www.lousviews.com.
Thank you for subscribing!

HBPOIN / Lou’s Views Website –

The views expressed here are simply my opinion based on the facts as I understand them. I have no hidden agenda, no ax to grind, or any political ambition. I’m simply attempting to keep the community informed on what actually is going on here. I welcome updates, clarifications or a correction to any fact I have stated which have changed or was inadvertently stated incorrectly.

Disclaimer –
. 1) Not official correspondence from the Town
. 2) Not affiliated with Holden Beach Property Owners Association


Wishing you and yours a Happy Holiday!Poinsetta


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

If the Town declares a mandatory evacuation, PLEASE LEAVE
General Assembly during the 2012 Session, specifically authorizes both voluntary and mandatory evacuations, and increases the penalty for violating any local emergency restriction or prohibition from a Class 3 to a Class 2 misdemeanor. Given the broad authority granted to the governor and city and county officials under the North Carolina Emergency Management Act (G.S. Chapter 166A) to take measures necessary to protect public health, safety, and welfare during a disaster, it is reasonable to interpret the authority to “direct and compel” evacuations to mean ordering “mandatory” evacuations. Those who choose to not comply with official warnings to get out of harm’s way, or are unable to, should prepare themselves to be fully self-sufficient for the first 72 hours after the storm.

No matter what a storm outlook is for a given year,

vigilance and preparedness is urged.


BEACH & INLET NEWSLETTER
This storm season proved to be active for the Town of Holden Beach. We were visited by both Hurricane Florence and Michael, as well as additional recent astrological tide events that produced flooding. The Town lost approximately 257,707 cubic yards of sand in Hurricane Florence in September, with 201,564 cubic yards occurring in the engineered beach area. Post Michael storm analysis shows that we lost approximately 136,087 cubic yards along the shoreline with 90,927 cubic yards occurring in the engineered beach area. Although the beach took a hit with estimated damages for the beach strand currently totaling $7,797,917 for Florence and $5,623,046 for Michael, the Central Reach Project proved invaluable as a storm damage reduction project. It was instrumental in the protection of the dune system and homes along the beachfront. We are working with FEMA on a weekly basis to finalize damage reports in order to qualify for federal and state funding of repairs to the beach strand. As an engineered beach, approval of project damage assessments by FEMA should result in reimbursements of storm damage repairs.

FEMA provides Hurricane Florence data update for Brunswick County
Brunswick County residents have received more than $42.4 million in state and federal funds since the federal disaster declaration for Hurricane Florence, according to the Federal Emergency Management Agency. Nearly $6.7 million in state and federal grants have gone to nearly 1,800 homeowners and renters. More than 1,000 flood insurance claims have been filed. An estimated $18 million in claims have been paid to date. As of Nov. 16, nearly $17.7 million in U.S. Small Business Administration low-interest disaster loans have been approved for 438 homeowners and 41 businesses. As of Nov. 19, 6,738 home inspections have been issued. Nearly 100 percent of home inspections have been completed. Transitional Sheltering Assistance is an option using participating hotel/motels to help survivors identify short or long-term housing solutions. The current number of households checked in is 16. Brunswick County has been approved for FEMA Direct Temporary Housing Assistance. Travel trailers and manufactured housing units may be provided for eligible applicants. The Disaster Recovery Center for Brunswick County is located at the Virginia Williams Event Center, Odell Williams Auditorium, at 150 College Road NE in Bolivia and is open from 9 a.m. to 6 p.m. Monday through Saturday. It opened Sept. 29 and has assisted 1,646 visitors. Disaster Survivor Assistance (DSA) has had more than 7,700 interactions with survivors. As of Nov. 19, there are two DSA crews working in Brunswick County.
Read more » click here

Headlined by Florence and Michael, a second straight destructive Atlantic hurricane season wraps up
Hurricane season officially ended Friday, and, for a second straight year, generated costly and deadly storms that ravaged the U.S. coast.  While not as active as “the hurricane season from hell” the year before, the 2018 season spawned two terrible storms in Hurricanes Florence and Michael, which will be long remembered for their devastating toll in the Carolinas and the Florida Panhandle. Counting Harvey, Irma and Maria in 2017, Michael in 2018, and Typhoon Yutu last month, which smashed into the Northern Marianas (a U.S. territory), five Category 4 or stronger tropical cyclones have struck U.S. soil in the last two years, which is possibly unprecedented. 2018 marked an active Atlantic hurricane season for the third time in a row. By definition, the season begins June 1 and ends Nov. 30. This season began and ended early. Alberto, the first storm, formed in May, while Oscar, the last, came in October. In all, 15 named storms formed, and of those, eight became hurricanes, and of those, two became major hurricanes (defined as Category 3+ on the Saffir-Simpson Wind Scale). The average numbers during a season are 12.1 named storms, 6.4 hurricanes, and 2.7 major hurricanes.
Read more » click here

Destructive 2018 Atlantic hurricane season draws to an end
NOAA services before, during, after storms saved lives and aided recovery
The 2018 Atlantic hurricane season officially concludes on November 30, and will be remembered most for hurricanes Florence and Michael, which caused significant damage in the southeastern U.S. In total, the season produced 15 named storms, including eight hurricanes of which two were “major” (Category 3, 4 or 5). An average season has 12 named storms, six hurricanes, and three major hurricanes.

For the fourth consecutive year, hurricane activity began prior to the official June 1st start of the season, with Tropical Storm Alberto forming on May 25. Alberto made landfall in northern Florida and traveled as far north as the Great Lakes as a tropical depression. A record seven named storms (Alberto, Beryl, Debby, Ernesto, Joyce, Leslie and Oscar) were classified as subtropical at some point. The previous record of five subtropical storms occurred in 1969. A subtropical storm is a named storm that has tropical and non-tropical characteristics. All subtropical storms this season eventually transitioned into a tropical storm, with three (Beryl, Leslie and Oscar) eventually becoming hurricanes.

The 2018 hurricane season was the first since 2008 to have four named storms active at the same time (Florence, Helene, Isaac and Joyce). Hurricane Florence caused catastrophic flooding in portions of North and South Carolina. Several river forecast locations in the Carolinas approached or broke their record flood level in the days and weeks following the hurricane. It took two to three weeks for many river locations to fall below flood stage, and the final river crested one month after Florence made landfall. Hurricane Michael, at a Category 4 intensity, was the strongest hurricane on record to strike the Florida panhandle. It was the third-most-intense hurricane to make landfall in the continental U.S. on record in terms of central pressure (919 mb) and the fourth-strongest in terms of maximum sustained winds (155 mph).

“The 2018 season fell within NOAA’s predicted ranges in our pre-season outlook issued in late May. However, the overall season was more active than predicted in the updated outlook issued in early August,” said Gerry Bell, Ph.D., lead seasonal hurricane forecaster at NOAA’s Climate Prediction Center. “Warmer Atlantic Ocean temperatures, a stronger west-African monsoon and the fact that El Nino did not form in time to suppress the season helped to enhance storm development.”   

With lessons learned from the 2018 hurricane season still fresh in memory, now is the time to make note of ways to improve family hurricane plans for next year. The 2019 hurricane season will officially begin on June 1 and NOAA’s Climate Prediction Center will provide its initial seasonal outlook in May.
Read more » click here

Hurricane Florence
After Action Report – not given

Hurricane Michael
After Action Report – not given

In the past the Town did a self-assessment of its emergency actions and responses before, during and after the storm event. Public input was considered a valued component of efforts to evaluate the Towns performance and they asked us: How did we do? Apparently, that is no longer the case.


HBPOIN – Lou’s Views
. • Gather and disseminate information
. • Identify the issues and determine how they affect you

. • Act as a watchdog
. • Grass roots monthly newsletter since 2008


https://lousviews.com/