03 – Town Meeting

Lou’s Views

“Unofficial” Minutes & Comments

BOC’s Special Meeting 03/07/19

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

Audio Recording » click here

1. Budget Workshop – Rough Draft Revenues and Expenses

Holden Beach holds first of five budget workshops
Holden Beach commissioners had a revenue/expense workshop for the budget season on March 7, the first of five workshops set through April 19. Budget season began for the town on Feb. 5, when commissioners had a special workshop to talk about budget goals, with department input given to Town Manager David Hewett by town departments by Feb 22. The next four workshops are set for March 21 and 28 and April 12 and 19, followed by the budget message May 6-10. Hewett said originally commissioners were set to consider a budget ordinance June 12 but consideration had to be moved to the board’s regular meeting June 18, which is still 12 days before the ordinance must be approved and the budget adopted.

Hewett also needed clarification based on goals commissioners established at their Feb. 5 meeting. Hewett told commissioners the town is in the middle of attempting to get approval for projects related to Hurricane Florence and Tropical Storm Michael. He said the town’s draft inputs to FEMA have shown in terms of total losses the town is anticipating a project being approved that will exceed the town’s existing sand source. Hewett asked commissioners if they wanted him to go ahead and start the search for more sand or push the search into next year’s budget. He told commissioners FEMA will only reimburse the project for Holden Beach’s engineered beach that was completed during the Central Reach Project in early 2017.

The board also approved letting Hewett move forward with personnel/compensation studies. Hewett said the League of Municipalities has secured a contractor that provides this type of thing for local governments and that the cost would be about $7,500, taking about three months. He said it’s been about 15 years since the board had a review of its descriptions and did a classification paid plan review a couple of years ago.

Mandy Lockner with fiscal operations for the town gave a budget presentation and said the numbers included in her PowerPoint were not finalized by any means. With property taxes, Lockner said the estimated tax base for the town as of February 2019 was $1,336,411,67, with estimated revenue for the 2019-2020 fiscal year at $2,897,180. The occupancy tax estimated revenue as of March was $1,854,223. Under expenses, Lockner said the police department had requested an additional officer, two new police vehicles and new uniforms for nine officers and for the governing body/administration, budgeted salaries include a 3 percent increase either by merit or cost of living adjustment.
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BOC’s Special Meeting 03/21/19

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

Audio Recording » click here

1. Budget Workshop

BOC’s Regular Meeting 03/19/19

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

Audio Recording » click here

1. Public Comments on Agenda Items
There were no comments

2. Request by the Brunswick County Chamber of Commerce to Ask Permission to Host a Kids Expo at the Holden Beach Pavilion – Robyn Beliveau / Assistant Town Manager Ferguson

Agenda Packet –
The Brunswick County Chamber of Commerce request permission to host a Kids Expo on Saturday, August 11t11,2019 by the Holden Beach NC Pavilion.

This event, the Building Brunsco Kids Expo is the culmination of workshops and other preparation for a one-day pop-up-shop in which kids ages 7 – 17 create, brand, market and sell a product or service that they create. The effort was engaged by the Brunswick County Chamber to encourage entrepreneurship in our county’s youth.

We would ask the Board to approve the event and allow the kids to sell their products and services on this one day. The event is from 10am – 1pm with set-up from 7am – 9:30am. Immediately following the event we provide lunch to the kid vendors and then have an awards ceremony under the Pavilion. No other businesses aside from the Kid Vendors are allowed to sell at the event. Sponsors are promoted through signage.

We are excited to host an event in Holden Beach and hope you will approve this activity.

The Building Brunsco Kids Expo is the Chamber’s new event geared towards the next generation of entrepreneurs and business owners.
The event offers kids ages seven to eighteen an opportunity to create, develop and market a product or service that they are passionate about. Strictly for kids only, adults are not allowed to help sell or market the child’s product or service. The event is not only a showcase for the children, but an opportunity to understand the elements of owning one’s own business. The kid vendors will learn and use real life skills such as math, communication and creative thinking. Development and marketing of their product or service will have an impact on their sales at the event and offer them some insight into what it takes to own their own business.
Read more » click here

A decision was made – Approved unanimously

3. Police Report – Detective Jeremy Dixon

Police Patch
No one from the Police Department was in attendance
No report was given


Holden Beach woman reported missing
A Silver Alert has been issued for a Holden Beach woman who was last seen Friday morning. According to the North Carolina Center for Missing Persons, a Silver Alert was issued Saturday for 71-year-old Judy Brown Brock of Greensboro Street. Brock is described as a white female standing 5-feet 2-inches tall and weighing 155 pounds. She has blue eyes and short brown hair. She is believed to be suffering from dementia or some other cognitive impairment. Jeremy Dixon with the Holden Beach Police Department said Monday morning that Brock was last at her home on Greensboro Street Friday morning and that no one had had any contact with her since then. “We have been working diligently to locate Mrs. Brock since she was reported missing on Friday evening,” Dixon said. He said Holden Beach police with assistance from the Brunswick County Sheriff’s Office, Tri-Beach Volunteer Fire Department, Brunswick County Search and Rescue and North Carolina Marine Patrol have been searching Holden Beach by land, water and air in an attempt to find Brock.
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Missing Brunswick woman found dead, husband charged with murder
The body of a missing Holden Beach woman has been found and her husband has been charged with murder, police say. On Wednesday, officers located the body of Judy Brown Brock, 71, in a wooded area of Sampson County, according to a news release from the Holden Beach Police Department. Brown had been reported missing Friday, and a Silver Alert was issued for her by the N.C. Center for Missing Persons. Phillip Harry Brock, 71, Brown’s husband, has been arrested and charged with first-degree murder in connection with her death, according to the release. Brock will make his first appearance in Brunswick County court Thursday. Brock was booked into the Brunswick County jail without bail. “This remains an ongoing investigation,” the release stated. “More details will be released at a later time.” Judy Brock had been reported last seen on Greensboro Street in Holden Beach. According to Brunswick County property records, she and her husband had owned a home on that street since 1999. According to the news release, nine law enforcement agencies have assisted with the investigation so far, including the Brunswick County Sheriff’s Office, N.C. State Bureau of Investigations, Sampson County Sheriff’s Office and Brunswick County District Attorney’s Office.
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Investigators: Husband claimed wife had impairment to cover tracks
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Personnel Announcements
Chief Layne retirement is effective 1 April 2019. Retirement Celebration (Hail & Farewell) honoring Police Chief Wally Layne was held on Thursday, March 21st. Detective Jeremy Dixon swearing in as Chief is scheduled on April 1st at 10am.

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

4. 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
. 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.

Previously reported – December 2018
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.

Previously reported – January 2019
They are making progress daily and are attempting to tie up any loose ends. Airvac is scheduled to be on site this week in order to initiate the integration and changeover of the upgraded sewer lift station machinery and equipment.

Previously reported – February 2019
We have switched over and the new system is up and running without any issues. Still have a number of loose ends that he expects to be resolved shortly. Anticipates project will be completed by the next BOC’s meeting.

Update –
New system is up and running without any issues. Met with engineers and prepared punch list items necessary for project completion. He now anticipates project will be completed within the next fourteen (14) days.


5. Discussion and Possible Selection of Engineering Firm for Engineering Design and Construction Management Services of the Vacuum Sewer System Station #3 Upgrade – Public Works Director Clemmons

Sewer Lift Station Engineering Responses

Agenda Packet –
Request for Qualifications Vacuum Sewer System Station #3 Upgrade
In accordance with North Carolina General Statute § 143-64.31, the Town advertised a Request for Qualifications (RFQ) for the Engineering Design and Construction Management Services of the Vacuum Sewer System, Station #3 Upgrade.

We received three Statements of Qualifications in response to the RFQ, Green Engineering, McGill and Associates and East Engineering and Surveying. Copies of their responses are enclosed for your review.

In order to proceed and make the first step in the improvement process, the Board needs to select a firm.

Town advertised for bids and have three responsive bidders. Work for sewer system #3 upgrade is the same improvements just completed on sewer system #4. The Board asked Chris for his recommendation and he hedged his bet by answering that they all are qualified. The Board seemed to impart a lot of value to the vendor that just completed the project on sewer station #4. David would like to move forward but asked them to defer selecting an engineering firm for design and construction management for sewer modifications at Station #3 until the successful completion of the current project. 

No decision was made – No action taken

6. Discussion and Possible Approval of Ordinance 19-03, An Ordinance Amending the Holden Beach Code of Ordinances, Chapter 50: Solid Waste – Town Clerk Finnell

Solid Waste Report

Agenda Packet –

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:

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

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.


(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.


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.


(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, or alongside of the house except prior to collection days when they are to be placed at street side, 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. Trash corrals are an acceptable alternative method of storage. 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. Through a town contract for island wide rollback, empty trash and recycling containers will be rolled back to the street side of the house or to a corral if available. Full containers will stay curbside until emptied by the next pickup.

(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.


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.


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.


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.


(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. Violators of Chapter 50 will not be subject to a criminal penalty.

(B) Civil. Property owners who are found in violation of Chapter 50 may receive written notice from the town that they are in violation of town ordinance in that regard. 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. Any person who violates any provision of this chapter shall be subject to the penalty provided in § 10.99(B) of this code of ordinances. The civil fine for violation of any provision of this chapter shall be $50 per day per offense.

Previously reported – February 2019

In case you were not keeping a scorecard,
this is where we are at for the time being …

.     1) Roll back will be provided for the entire island
.     2) Full containers will be left at the street and not rolled back until pickup is made
    3) Corrals will continue to be permitted where they are located now
    4) Rollout requirements are being eliminated
.     5) Enforcement fines will apply where applicable



In the Regular December Meeting the Board adopted the Solid Waste Ordinance 18-16

At the Special Meeting on February 5ththey all agreed that they should not have adopted the Ordinance without a complete solution in hand

Non-residents may not be able to comply with the Ordinance
The rollout requirements are the major stumbling block

They also agreed that they need to do the following:
.     1)
get it right, not continue to make piecemeal changes
defer the date of the enforcement piece
.     3) have a plan for a fee-based rollout solution
.     4) develop education and enforcement plan
.     5)
establish protocols to communicate change before they codify

They unanimously agreed to take a TIMEOUT and not make any additional changes
They all agreed that the only exception would be for the enforcement component date

On tonight’s agenda they had Ordinance 19-02,
amending Chapter 50: Solid Waste, §50.99 Penalty
(C) Penalties for violations of Chapter 50 will not be assessed till May 1, 2020.

The coalition of three that voted for this change didn’t do what they said they would, which was to take a timeout. In other words, they reneged on the agreement they made only two weeks ago.

Update –
Unbelievably at the eleventh hour they changed the language for §50.99 PENALTY yet again. Commissioner Sullivan made a valiant last-ditch effort to convince the Board to not make changes to the Ordinance. He gave a brief timeline overview of the work that had been done to develop a comprehensive plan to address the issues that had been identified as problems. His position simply stated is that only one component, the rollout portion, needs to be worked on and he was confident they would be able to work it out. The proposed ordinance does not solve the problem and makes the situation worse then when they started working on these issues. His plea to give it a chance to work seems to fall on deaf ears. Commissioner Kwiatkowski who spearheaded the development of the ordinance reiterated that the biggest piece was requirements of getting the cans back off curbside which they just eliminated.

A decision was made – Approved (3-2)
Vote was three (3) to two (2) as it has been on a lot of issues, so no surprise there
Commissioners Kwiatkowski and Sullivan both voted against amending the Ordinance

 Instructed the Town Manager to do a statement of work for the rollback element
A decision was made – Approved (4-1)
Commissioner Sullivan voted against

7. Discussion and Possible Approval of Ordinance 19-04, An Ordinance Amending Ordinance 18-10, The Revenues and Appropriations Ordinance for Fiscal Year 2018 – 2019 (Amendment No. 5) – Assistant Town Manager Ferguson

Agenda Packet –
New Sand Search
As discussed in the budget workshop on Thursday, March 7, 2019, the Town will need to find a new sand source in order to construct a project to mitigate Hurricane Florence and Michael damages. The volume of sand loss exceeds the Town’s current sand source. The commissioners decided they would like to begin the sand search process this budget year. The engineer’s cost estimate for the project is $170,000. The sand search will be a lengthy process and costs not expended this fiscal year will need to be carried forward to the next fiscal year. The attached budget amendment would need to be adopted in order to appropriate funds.

Moved funds of $170,000
From Revenue account #50.0399.0000 to Expense account#50.0710.0902

A decision was made – Approved unanimously

The cost went up from last year’s estimate of $132,000 to the $170,000 approved tonight. Funds will be taken from BPART account and should be a FEMA reimbursed expense. (BPART – Beach Preservation / Access & Recreation / Tourism Fund)

8. Discussion and Possible Action on Holden Beach Bridge Maintenance and Repairs Schedule and Timeline – Town Manager Hewett / Commissioner Freer

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.

I don’t think it is the manager’s call on this and feel the Board should review and make the recommendation.  Please see the attached pictures and let me know if you have any questions.

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.

Previously reported – December 2018
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.

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.

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

Update –
Planning Director Tim Evans met with the NCDOT to get more information about the project and made the presentation tonight. Most of the Towns concerns about activities being compromised during bridge maintenance project were addressed.

Tim also wanted to set the record straight on some issues to correct any misinformation: .   1) Bridge project does not include a bike path
.   2)
They plan on moving staging area so that they can reopen the boat ramp
.   3) Contract does not permit them to work during weekends and holidays

Town of Holden Beach Newsletter
Bridge Work
Per the Department of Transportation’s latest guidance, the contractor performing work on the HB Bridge will NOT close or narrow a lane of traffic during the following times:

Week before Memorial Day to the Week after Labor Day (Summer)
Monday – Thursday, 5:00 a.m. – 9:00 p.m.
Friday at 5:00 a.m. – Sunday at 9:00 p.m.

Week after Labor Day to Week before Memorial Day (Offseason)
Monday – Thursday, 6:00 a.m. – 9:00 a.m. & 4:00 p.m. – 7:00 p.m.
From Friday at 6:00 a.m. to Sunday at 7:00 p.m.

The contractor will also not narrow or close lanes of traffic, detain, and/ or alter the traffic flow during holiday weekends, special events or other times when traffic is unusually heavy.

9. Discussion and Possible Action on Ordinance 19-05, An Ordinance Amending the Holden Beach Code of Ordinances, Section 157.062: Commercial District– Planning Director Evans
a. Discussion and Possible Scheduling of a Date to Hold a Public Hearing on Proposed Changes to Section 157.062: Commercial District

Previously reported – February 2019

Agenda Packet –
Recently the Planning Board asked staff to look into the adequacies of the C1 zoning rules. Staff found what appeared to be some major deviancies in the setbacks/buffers and presented text amendments for review.

The Planning Board approved the amendments and has found the changes to be consistent with the current Land Use Plan.

Staff also concurs that these changes will make Holden Beach a better place to visit and live and recommend that in the interest of life safety health and welfare that these changes be implemented.


. (A) The Commercial District is established as the district in which a variety of sales and service facilities may be provided to the general public. The specific intent is to encourage the construction of and the continued use of land and buildings for commercial and service uses that are compatible with the family beach character of Holden Beach and serve to enhance the services available to residents and visitors. All commercial activities shall be conducted from a permanent structure, shall comply with the town’s noise ordinance, and meet or exceed the parking requirements of this chapter.

. (B) Refer to the Table of Permitted Uses, §157.054, for permitted uses in this district.

. (C) Dimensional requirements C-1.
(1) Front yard. Minimum required: 25 feet.
Front yard setbacks 50 feet

. (2) Side yard. Minimum required: five feet. Open porches, steps, or overhangs shall not be within five feet of the property line.
Side yard. Minimum required: 20 feet. Open porches, steps, or overhangs shall not encroach in to the established setbacks, Side yard setbacks minimum required shall be ten feet where landscape buffering meets the requirements of §157.062

. (3) Rear yard. Minimum required: five feet, except that if a commercial use abuts a residential district there shall be a rear yard of 20 feet.
Rear yard. Minimum required: 25 Feet. Landscaping buffering required.
Buildings constructed or converted to commercial use after the effective date of this chapter shall provide off-street parking and loading space as required in §157.075 through §088 of this chapter.

. (5) All signs and billboards must meet the requirements set forth in §157.079 of this chapter

. (6) Building height. No building shall exceed a maximum height of 31 feet measured from design flood elevation to the highest point of the structure.

. (7) Lot coverage. Driveways, parking lots, parking spaces, parking areas, patios and other similar areas and surfaces located outside of the building footprint shall be gravel, grass or of an approved pervious product. Required Buffers must have the required approved landscaping

. (D) Screening shall be required to conceal from public view HVAC equipment, utility equipment, accessory structures, and other accessory facilities accessory to a commercial use.

. (E) Solid waste disposal containers to be screened. Screening for solid waste disposal (dumpsters) shall be of comparable material and color as the structure they are accessory to. The height of the screen shall be equal to or greater than the height of the container being screened. The width shall be sufficient to permit two feet clearance between the receptacle and the screen to facilitate cleaning and maintenance. A concrete pad with drain to sanitary sewer or a dry well is required by the NC State Board of Health. The opening shall have a gate or slide that can be held in place while being serviced. All other refuse containers, such as cans or bins, shall be adequately screened from the view of adjacent properties or the street right-of-way.

. (F) Outside material storage. Outside storage shall be within a fully enclosed accessory structure or shall be screened from view of all adjacent properties and the street right-of-way by a perpetually maintained vegetative buffer or fence of comparable material and color that matches the primary structure. Only material, goods, wares, etc. That are incidental to that business are permitted to be stored.

. (G) Outside display of items for sale. The display of any goods, material, or items for sale may be displayed outside of a business so long as they are contained or secured to prevent blowing off site and are not encroaching upon the required pedestrian way or reduce the required number of parking spaces established by this chapter. All displays shall be of the same product line sold by the occupant in the primary use of the lot.

. (H) Sidewalks required. It is the intent of the town to require safe pedestrian access along all commercial properties. If the developer of commercial property does not install sidewalks at the time the property is developed, the town reserves the right and the property owner shall agree to pay an assessment sufficient to construct public sidewalks along the street adjacent to the development at a later date.

. (I) Landscaping required. All commercial structures shall have landscaping installed, by the property owner, to soften the impact of the bare walls to adjacent properties and the streets.
Areas required to be landscaped buffered under 157.062 (C) l-3, shall be a minimum of 6 feet high on the sides of property with spacing no less than three feet. Buffering must be maintained so as to be perpetual in its functioning for the life of the use.

The Town of Holden Beach Planning & Zoning Board hereby recommends approval of the text amendment to §157.062 COMMERCIAL DISTRICT C-1 of the Holden Beach Code of Ordinances.

As required by G.S. 153A-344 and 160A-387, the Planning and Zoning Board has reviewed the proposed changes and finds them to not be inconsistent with the adopted 2009 CAMA Land Use Plan, specifically goals, objectives and policies in section 9.1. Land Use and Development. In addition, the Planning and Zoning Board feels the changes are in the public’s interest because they will promote public health, safety, and general welfare within our community.

Upon approval by the Board of Commissioners the Comprehensive Plan will be deemed amended and shall not require any additional request or application for amendment.

Mayor Holden encouraged them to consider that we should notify owners of these commercial properties. Tim recommended we also notify the adjacent property owners too. The staff will bring back changes in an Ordinance form. The next step would be to have a Public Hearing before adopting Ordinance with these recommended changes.

Update –
Tim made a mea culpa for presenting this before getting adequate feedback regarding the major impact of the changes. Unfortunately, the ordinance is not going to work as presented. It appears that it would have more negative impact on commercial properties then they thought once they looked at individual parcels. It was recommended and decided that it should be sent back to P&Z Board to address these issues. There is no hurry and they would like to get it right.

A decision was made – Approved unanimously

10. Discussion and Possible Action on Matters Discussed in the March 8th Audit Committee Meeting – Mayor Pro Tem Fletcher

Agenda Packet –
. 1)
Request to organize a 2-hour workshop, provided by LGC or NCLM staff, to improve Board of Commissioners and Audit Committee’s understanding of municipal financial accounting.
. 2)
Recommendation to gain a complete explanation from the audit firm, Rives & Associates, as to the causes for the significant delay in the completion of the 2018 annual audit.
. 3)
Request to have the monthly financial statements prepared for the Board and the Audit Committee in excel format and to show each fund individually with Revenue followed by Expenses for each fund.
. 4)
Confirmation to the Town Manager/Finance Director that any proposed internal control changes, including those resulting from the RSM internal control evaluation, would initially be presented to the Audit Committee by Town Manager/Finance Director for review and comment. The Audit Committee would then provide their recommendation to the Board of Commissioners.

LGC – Local Government Commission
NCLM – North Carolina League of Municipalities

They agreed to do the following:
.   1) Schedule workshop for a better understanding of municipal financial accounting
.   2) Request an explanation for the delay in the annual audit report
.   3) Requested monthly financial statements be presented in Excel format
.   4) Requested that any internal control changes be presented to them for review

A decision was made – Approved unanimously

11. Discussion and Possible Approval of Updated Records Retention and Disposition Schedule: General Records Schedule for Local Government Agencies – Town Clerk Finnell

Retention Schedule

Agenda Packet –
2019 General Schedule for Local Records
The new General Schedule for Local Government Agencies is now available for adoption. According to NCGS §121-S(b) and NCGS §132-3, you may destroy public records only with the consent of the Department of Natural and Cultural Resources (DNCR). The State Archives of North Carolina is a division of DNCR charged with administering a records management program. The proposed schedule is the primary way the State Archives gives its consent. If we do not approve the schedule, we are obligated to obtain the State Archive’s permission to destroy any record, no matter how insignificant.

The new schedule (included packet) requires each local government to define when the reference value ends for many types of records. There is plenty of guidance available that provides information about records retention and public law, including training opportunities and tips for maintaining records. I recommend the Board approve the schedule and allow the staff to establish and enforce internal policies setting minimum retention periods for the records that DNCR has scheduled with the disposition instruction ‘”destroy when reference value ends.”

A decision was made – Approved unanimously

 12. Town Manager’s Report

Vac Sled Procurement
Purchased rather then lease, budget adjustment to sewer fund of $15,000
I have no idea what this is

Storm Events
Three FEMA hurricane damage reimbursement programs being worked simultaneously
. 1)
Matthew $335,000 reimbursement still outstanding, final report was sent
. 2)
Florence submitted everything we could
. Federal Beach Technical Advisor completed required Cat G Project Worksheet
. • Engineered beach damages quantified/submitted 700K cubic yards @$17 million
. 3) Michael submitted our estimated losses
. • Federal Beach Technical Advisor needs to complete required Cat G Project Worksheet
. • Engineered beach damages quantified at 400K cubic yards

Working through process of potentially executing one project for the two events
Significant savings in mobilizations costs if we can combine the two
Florence 990k cubic yards; 560k cubic yds from CRP
Michael 533k cubic yards; 303k cubic yds from CRP
We are talking about an amount in the mid $20 million-dollar range
We will need to identify locations where we can get more sand from

Vehicle Decals
The 2019 hurricane vehicle decals were distributed with the March water bills.

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

Previously reported – December 2018
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.

Previously reported – January 2019
Progress continues, proceeding without any significant issues.

Heritage Harbor
The contractor anticipates beginning work in Heritage Harbor, which includes canals between Scotch Bonnet and Sand Dollar, in February. Due to the size of the dredge, the contractor has asked that boats on lifts in Heritage Harbor be removed before dredging begins. This will allow for a better dredge in this set of canals as the dredge follows the designed template. Please accommodate the request at your earliest convenience.

Previously reported – February 2019
The dredging in Holden Beach Harbor is complete. The contractor is now dredging in Heritage Harbor. This set of canals includes Scotch Bonnet, Lions Paw, Starfish and Sand Dollar. Heritage Harbor work should be completed by the end of February based on the current schedule. The contractor will then move into Harbor Acres. Harbor Acres canal property owners should prepare to remove their boats from canals and from any lifts over the canals. Also, owners should swing their docks out of the way if possible.

Both Holden Beach Harbor and Heritage Harbor dredge project has been completed. The contractor is expected to start work dredging in Harbor Acres next week (02/25/19). Harbor Acres includes Swordfish Drive, Dolphin Drive, Tuna Drive, Marlin Drive, Tarpon Drive and Sailfish Drive.

Dredging Project – March
Currently the dredge is located in Harbor Acres, which includes canals between Swordfish and Sailfish

Update –
Active dredging projects are approximately 90% completed, only a few canals left to do in Harbor Acres. The dredging permit expires at the end of this month. Any damages caused by the dredging will be addressed after they have completed the dredging operations.

Upcoming Events

Hail & Farewell
Chief Layne’s retirement dinner is scheduled for Thursday, March 21st

Swearing in Ceremony
Detective Jeremy Dixon swearing in ceremony as Chief will be on April 1st

North Carolina Association of Municipal Clerks Academy
Holden Beach is the host site for their annual training seminar on April 5th

Volunteer Luncheon
In recognition and thanks for all the volunteers do for the Town, a luncheon is scheduled for April 11th

Battle of the Beach
Pickleball Tournament will be held on Holden Beach on May 3rd through May 5th

13. Public Comments on General Items

Speaking for the six (6) boat captains that were in attendance, a request was made for Holden Beach to work with the County in approaching the state for a desperately needed additional boat ramp.

General Comments –

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

The BOC’s April Regular Meeting is scheduled on the third Tuesday of the month,
April 16th

Fiscal Year 2017 – 2018 Audit Results
Auditor’s report is due by November 1st and is normally is given at the November meeting. The report still has not been given yet. Town Manager reported at the October meeting that the storm events have delayed the annual audit process. We are still waiting for the report. The auditor Rives & Associates has advised the Local Government Commission.

Nothing for nothing but it has been like six (6) months since the last storm event.


Local governments must balance their budget by a combination of the following:
. 1)
Raising taxes
. 2)
Cutting spending
. 3)
Operating more efficientl

Ensuring that government commitments are in line with available resources is an essential element of good governance.

The Town Manager’s proposed budget is due by June 1st
Commissioners must adopt budget no later than July 1st for the next fiscal year
Adopting the annual budget is a primary responsibility of the Board

Budget Meeting Schedule / 2019

  • 16 January BOC’s Workshop Goals & Objectives
  • 05 February BOC’s Workshop Goals & Objectives / Capital Programs
  • 15 February Canal Dredging Working Group / PRAB / IBPB
    . * PRAB – Parks & Recreation Advisory Board
    . * IBPB – Inlet & Beach Protection Board
  • 22 February Departments Input to Manager
  • 7 March BOC’s Workshop Revenues & Expenses
  • 21 March BOC’s Workshop Revenues & Expenses
  • 28 March BOC’s Workshop Revenues & Expenses
  • 12 April BOC’s Workshop Revenues & Expenses
  • 19 April BOC’s Workshop Revenues & Expenses
  • 6-10 May Budget Message
  • 7 June Public Hearing
  • 18 June Regular BOC’s Meeting – Ordinance Consideration
  • 1 July Budget adopted (No Later Than)

News & Views reports what’s happening on Holden Beach and in the surrounding area with items of interest.

Post contains the following:
. 1)
Calendar of Events
. 2)
. 3)
Upon Further Review
. 4)
Corrections & Amplifications
. 5)
Odds and Ends
. 6)
This and That
. 7)
Factoid That May Interest Only Me
. 8)
Things I Think I Think
a) Restaurant Review
b) Book Review

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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

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.

Good riddance: Florence, Michael retired as hurricane names
The two destructive storms both hit the East Coast last fall, bringing wind and rain from Florida to the Carolinas and claiming nearly 100 lives

After making their mark on the Cape Fear region and the East Coast last year, both Florence and Michael have been retired as hurricane names by the World Meteorological Organization, which includes NOAA’s National Hurricane Center.

The two names have been replaced Francine and Milton, both of which will officially enter the rotation in 2024 hurricane season.

Dennis Feltgen, spokesman for the National Hurricane Center, said Wednesday that names are on a six-year cycle and are only retired if reusing them would be insensitive to those affected by the name’s previous storms.

“There was never any question that these two were going to be retired,” he said.

Including Florence and Michael, 88 names have been retired from the Atlantic basin list since 1953, when storm naming became a practice. The 2005 hurricane season, which included Katrina, has the most retired names for one season – five.

Previously retired storm names that affected the area were Matthew (2016), Floyd (1999), Fran (1996) and Hazel (1954).

Hurricane Florence is considered one of the most destructive to ever hit the Carolinas, where it made landfall in Wrightsville Beach in the early morning of Sept. 14. It went on claim at least 51 deaths and caused extensive flooding across North and South Carolina, and Virginia.
Read more »
click here

HBPOIN – Lou’s Views


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