07 – Town Meeting

Lou’s Views

“Unofficial” Minutes & Comments


BOC’s Special Meeting 07/08/19

Board of Commissioners’ Agenda Packet » click here NA

Audio Recording » click here NA

1. Executive Session Pursuant to North Carolina General Statute 143-318.11(A)(5) To Establish or Instruct the Staff or Agent Concerning the Negotiation of the Price or Terms of a Contract Concerning the Acquisition of Real Property

Parcel #246BC002 which is located on the second row, between Sanddollar and Swordfish. The Town owns parcels in the 800 block which we obtained on 04/21/13 ostensibly to be used for parking. They are as follows: 246BC010, 246BC011, 246BC012, 246BC013, 246BC014, 246BC015, 246BC01604, and 246BC01609. THB also owns adjacent lots 246BC001, 246BC01601, 246BC01602 and 246BC016.

The property is located at 796 OBW, adjacent to sewer station #3
Taxable Value of $376,610


BOC’s Special Meeting 07/08/19

Board of Commissioners’ Agenda Packet » click here NA

Audio Recording » click here


1. Discussion of Federal Beach Nourishment Issues with Christine Brayman, Deputy District Engineer for Programs & Project Management, US Army Corps of Engineers

Army Corps asks Brunswick beach towns to team up for beach renourishment, dredging study
Oak Island, Caswell Beach, and Holden Beach could join in a collaborative study of beachfront erosion, making use of recently approved federal funds available in a disaster relief act.
The U.S. Army Corps of Engineers is asking three Brunswick County beach towns to team up in future beach renourishment and dredging efforts. A proposed partnership between Caswell Beach, Oak Island, and Holden Beach could help share federally backed study costs for projects that benefit more than one town. Signed into law last month, the Additional Supplemental Appropriations for Disaster Relief Act granted the Corps $35 million to study risk-reduction efforts in areas impacted by Hurricanes Florence, Michael, and other storms. An additional $740 million is included in the act, with a fund availability deadline in September 2020. Under the shared feasibility study, U.S. Army Corps of Engineers (USACE) would cooperatively investigate beachfront erosion on Oak Island. Holden Beach, Oak Island’s eastern island neighbor, is also considering participating in the joint study. If approved, the study would be 100% funded under the recently signed act. If the study determines a beach renourishment or dredging project is “technically feasible, economically justified, and environmentally acceptable,” construction funds could be used to finance future risk-management efforts, according to the USACE. Holden Beach Commissioners considered nourishment issues at a special meeting Monday. Oak Island Town Council will vote to approve a Letter of Intent at its regular meeting Tuesday.
Read more » click here


BOC’s Audit Committee Meeting 07/16/19

Board of Commissioners’ Agenda Packet click here

Audio Recording » click here NA


1. Presentation of 2018 Audit results by Rive’s Audit Partner Jay Sharpe, CPA

2. Discussion with Audit Partner on Reasons for Delays in 2018 Audit Completion and Circumstances Surrounding Extra Work Necessary to Complete the Audit

3. Discussion and Possible Action on Recommendation to Board of Commissioners Regarding Approval of 2018 Audit

4. Discussion and Possible Action on Recommendation to Board of Commissioners Regarding Approval of Revised 2018 Audit Contract

5. Discussion and Possible Action on Recommendation to Board of Commissioners Regarding Retention of Rives as the 2019 Audit Firm

6. Discussion and Recommendation to Board of Commissioners Regarding the Process for Audit Committee’s Involvement in Overseeing the Annual Audit and Evaluating the External Auditor

7. Discussion and Possible Action on Recommendation to Board of Commissioners Regarding the Requirement of a More Useful Monthly Informative Financial Statement Format as Presented at the July 5th Audit Committee Meeting

8. Discussion of the Responsibilities of the Audit Committee per Ordinance 30.26 and What is Needed to Meet These Expectations

9. Discussion and Possible Action on Recommendation to Board of Commissioners Regarding the Oversight of the Recommendations Detailed in the RSM Report for Correction of Existing Internal Weaknesses

10. Discussion and Possible Action on Recommendation to the Board of Commissioners Regarding the Requirement that the Finance Director Provide all Requested Information Regarding Internal Financial Controls


BOC’s Regular Meeting 07/16/19

Board of Commissioners’ Agenda Packet click here

Audio Recording » click here


1. Police Report – Chief Jeremy Dixon

Police Patch


First two weeks in July are the busiest weeks of the year
Fairly uneventful, typical summertime fun at the beach
>


Boy rescued from surf at Holden Beach
A 12-year-old boy was rescued from the surf at Holden Beach Saturday (07/06/19). Holden Beach Police Chief Jeremy Dixon classified the incident as a near-drowning. The 911 call was made around 12:40 p.m. Dixon said by the time officers arrived, the young man had been pulled from the water and was barely conscious. He was immediately loaded into an ambulance and transported to New Hanover Regional Medical Center. Dixon said he had received an update, and the child’s condition has since improved. “He’s up, talking and doing much better,” Dixon said. “We’re really happy about that.” The incident occurred on the beach, just west of the Holden Beach General Store, located at 473 Ocean Blvd. W. Crews from Brunswick County EMS and the Tri-Beach Fire Department also responded to the scene. Holden Beach is located in Brunswick County, and none of the county’s beaches have lifeguards.
Read more » click here 


Crime Prevention 101 – Don’t make it easy for them
Don’t leave vehicles unlocked
Don’t leave valuables in your vehicles


A reminder of the Town’s beach strand ordinances:
…..1)
Chapter 90 / Animals / §90.20 / Responsibilities of owners
…….a)
pets are not allowed on the beach strand except between 5p.m. and 9a.m. daily
…….b)
dog’s must be on a leash at all times
…….c)
owner’s need to clean up after their animals
…..2)
Chapter 94 / Beach regulations / §94.05 / Digging of holes on beach strand
…….a)
digging holes greater than 12 inches deep without responsible person there
…….b)
holes shall be filled in prior to leaving
…..3)
Chapter 94 / Beach regulations / §94.06 / Placing obstructions on the beach strand
…….a)
all unattended beach equipment must be removed daily by 6:00pm


Pets on the beach strand
Pets – Chapter 90 / Animals / §90.20
From May 20th through September 10th
It is unlawful to have any pet on the beach strand
* During the hours of 9:00am through 5:00pm

Unattended Gear
Ordinance §94.06 was passed on September 14, 2010. All unattended beach equipment must be removed from the beach by its owner or permitted user daily. All unattended personal equipment remaining on the beach between the hours of 6PM and 7AM will be classified as abandoned property and will be disposed of by the Town.

Golf Carts
Golf carts are treated the same as other automotive vehicles. Town ordinances state no parking anytime on OBW. Therefore golf carts are illegally parked when left by any beach access points.

Parking
§72.02 PARKING REGULATED ON PUBLIC STREETS AND RIGHTS-OF-WAY.
(1) All vehicles must be as far off the public street rights-of-way as possible; and
(2) No vehicle may be left parked on any portion of any roadway; and
(3) No vehicle may be parked on portion of the sidewalk.

Defensive Driving
Be mindful on the road, tourists are out there and frankly many of them are not paying attention. Defensive driving is driving characterized by prudence, diligence and reasonable cautiousness. Its aim is to reduce the risk of collision by anticipating dangerous situations, despite adverse conditions or the actions of others.


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

Agenda Packet –
June Meeting Update
The Inlet and Beach Protection Board (IBPB) met June 27 and the following issues and topics were addressed:

Comprehensive Long-Term Plan: Work on the Long-Term Plan continues and was the major thrust of the meeting. Cathy Foerster, AIC, Senior Planner and Facilitator with ATM is facilitating the effort.  A draft of the plan was reviewed with an emphasis on the project table. The final report will be reviewed at our July meeting with subsequent submission to the BOC for approval and adoption.

Newsletter: The quarterly Beach and Inlet Newsletter was sent as an email blast. Status of the Beach and Inlets: Staff provided an overview of conditions and issues relative to the beach strand and inlets. The status of the Florence and Michael remediation project, now known as the Central Reach Reimbursement Project, (CRR Project) including sand sourcing was discussed. Work is complete on obtaining easements from East End property owners to allow sand placement in the future from dredging the Lockwood Folly Inlet and crossing. The Corps has confirmed that a project will happen this winter to place approximately 135,000cy of material from the bend widener on the East End and the bid packages are expected to be out soon.

Meetings: The next IBPB meeting is July 25. The IBPB was represented at the Brunswick County Shoreline Protection meeting June 5. Members will be attending the meeting July 8 with Corps of Engineers to hear about the possibility of a GRR project.

IBPB Vacancy: Tim Gibble was selected at the June BOC meeting to fill the Board vacancy and was welcomed to the group.

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

Update –
LWF Inlet Crossing Project and Bend Widener Project were expected to place more than 200,000cy of sand on the east end. But we are now required to do a biological assessment from Fish & Wildlife so both beach nourishment projects may not happen.


3. Presentation, Discussion and Possible Action on the 2017 – 2018 Audit Report – Jay E. Sharpe, Rives & Associates and Mayor Pro Tem Fletcher
a.
Presentation of 2017 – 2018 Audit Report
b.
Recommendations of Audit Committee on 2017 – 2018 Audit Report
and 2018 – 2019 Auditor
c.
Approval of 2017 – 2018 Audit Report and 2018 – 2019 Auditor
d. Audit Committee Role as Advisory to Board of Commissioners

Agenda Packet –
Draft audit » click here 

§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.

   (B)   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 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 BOC.

 (Ordinance 18-18, passed 12-18-18)

Previously reported – June
Presentation of the 2018 Annual Audit Results by Partner Jay Sharpe, CPA, CFE, Rives & Associates (Mayor Pro Tem Fletcher)
Item was removed from the agenda
Well another kerfuffle over the audit between David and John. John said that he and members of the audit committee are supposed to meet with David and the auditor before making the presentation. In addition, John said that David instructed the auditor to submit audit to Local Government Commission without it being reviewed by audit committee or approved by the BOC’s. David took umbrage to his remarks and adamantly denied that he instructed auditor to bypass normal protocols.

Report –
Finding 2018-001 / Significant Deficiency
A significant deficiency is a deficiency in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Criteria: The Town should have someone who is familiar with governmental accounting principles that can review its financial statements each year and determine if they have been prepared accurately.

Finding 2018-002 / Material Weakness
A material weakness is a deficiency in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented or detected and corrected on a timely basis.

Criteria: The Town is not accounting for its finances on a full accrual basis.

Update –
a.
Presentation of Audit Report

Fiscal Year 2017 – 2018 Audit Results
Auditor’s report for fiscal year 2017 – 2018 audit was presented. Normally the audit report which is due by November 1st and is given at the November meeting. The audit report presentation was the most thorough that I’ve experienced. Jay said a that they use a risk-based approach. He explained everything utilizing visuals in a clear, concise, easily understandable format. The auditor Rives & Associates was able to render a clean opinion.

Material Weakness deficiency makes it a higher risk audit and puts us on Local Government Commission “watch list”. What that means is it probably going to cost us more to have audit done this year.

b. Recommendations of Audit Committee
Motion was made to approve amended contract
A decision was made – Approved (4-1)
.
Auditor without any authorization from the Town claims that there were an additional $30,000 in billable hours but is only requesting $10,000

c. Approval of Audit Report and Auditor
Motion was made to approve audit
A decision was made – Approved (4-1)

Motion was made to retain same audit firm
No decision was made – No action taken

Despite the Audit Committee unanimous vote to retain the audit firm the Board chose not to. The Board then asked that the Town initiate a Request for Proposal (RFP) for external audit services, with a quick turnaround time, so that it can be addressed by them before the next regular meeting.

Protocol is to change firms every few years, traditionally we have done that after vendor has audited us for three years. Annual audit vendor usually selected, and contract signed in February.
.
d. Audit Committee Role 
Incredibly they decided to revisit Ordinance 30.26 for the umpteenth time to clarify what they want. In December of 2015 Resolution 15.17 established the Audit Committee. Seriously how tough is this to get right? It appears that we will work on a new improved version at least one more time.

4. Discussion and Possible Action on Audit Committee Role in Monitoring Implementation of RSM Internal Control Recommendations – Mayor Pro Tem Fletcher

Agenda Packet –
Internal Control Report » click here 

Previously reported – June 2018  
Direct Solicitation to Conduct Comprehensive Financial and Accounting Internal Control Review
Agenda Packet –
The Audit Report with respect to the Town’s Annual Financial Statements for the year ended June 30, 2017 raised two “significant deficiencies” with respect to the Town’s financial controls and procedures for financial statement preparation. The Audit Report also concluded that any financial reports provided to the Commissioners cannot be relied on, as the ledger does not reflect adjustments made in previous years. The Audit Committee has had preliminary discussions with the Auditor about these matters and the audit process, and as part of that discussion the Auditor recommended that the Town engage a consultant to perform a comprehensive review of its internal financial controls.

The Audit Committee selected the firm RSM for the Internal Control Review
Recommendation is to obtain firm with a not to exceed price of $20,000
Scope of work subject to approval from The NC Local Government Commission

Previously reported – July 2018

Agenda Packet –
Services and Scope of Work
In developing a risk matrix for the Town, we will consider internal control relevant to the Town’s preparation and fair presentation of the financial statements in order to design assurance procedures that are appropriate in the circumstances. Our risk assessment procedures are designed to evaluate the effectiveness of the controls that are in place and to evaluate potential gaps in internal control that could lead to fraud or error in the above noted transaction cycles. Gaining an understanding of your internal control will assist us in identifying types of potential deficiencies in internal control and factors that affect the risks of material misstatement as assessed by your external auditors. We also will draw on this understanding to provide feedback in internal control risk matrix about opportunities you may have to strengthen controls or streamline processes.

Previously reported – June 2019
Status of final report still unknown
Initiated activities to address deficiencies
LGC memo provides guidance for next year’s audit
. • Specifically addresses issues raised by RSM
. • Will follow LGC guidance

Update –
According to the Town Manager, he still has not received the final report. Once he has the report, he plans to submit a written assessment with a complete plan of action

No decision was made – No action taken


5. Discussion and Possible Action on the Recommended Financial Reporting Form from the Audit Committee – Town Manager Hewett
Agenda Packet –
The following attachment is the financial reporting form recommended by the Audit Committee at their meeting of July 5th. It is anticipated the report will be prepared on a quarterly basis for the Board of Commissioners review.

Update –
Item was removed from the agenda

Explanation given is that it was discussed and handled at Audit Committee Meeting earlier in the day.


6. Discussion and Possible Action on the Amended Audit Contract for Fiscal Year 2018 – 2019 with Rives and Associates – Town Manager Hewett
a.
Ordinance 19-11, An Ordinance Amending Ordinance 19-10, The Revenues and Appropriations Ordinance for Fiscal Year 2019 – 2020 (Amendment No. 1)

Agenda Packet –
Modification to due date:
Original due date 10/31/17
Modified due date 06/30/19

Modification to fee:
Original fee $14,784
Modified fee $25,000

Explanation –

1) The audit fieldwork was delayed due to Hurricane Florence. The audit firm was originally scheduled to begin fieldwork in early September, but were delayed until November.

2) Audit firm had to perform additional work. Please refer to material weakness noted in the audit report.

Moved funds of $10,000
From Revenue account #10.0399.0200 to Expense account#10.0410.0400

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

Previously reported – June 2018      
Discussion and Possible Action on the Audit Committee Recommendation of the Firm to Conduct the 2017 – 2018 Annual Audit
The Audit Committee selected the firm Rives & Associates as the auditor
A decision was made – Approved unanimously

Previously reported – July 2018  
Standard contract with money in the budget to execute it
Subject to approval from the Local Government Commission

Approval of the contract means that Rivers & Associates has been selected to handle our audit for fiscal year that ends June 30th, 2018. The audit contract is for $12,784 and an additional charge of $2,000 for writing the financial statements; making the total cost of the contract $14,784 for an increase of $2,034. The last six years we awarded the $12,750 contract to Thompson, Price, Scott, Adams and Co.
A decision was made – Approved unanimously

Update –
Despite a number of issues raised about the auditor they agreed to pay the modified fee

A decision was made –
Approved unanimously


7. Discussion and Possible Action – Construction Management Services of the Vacuum Sewer System #3 Upgrade Status Report – Public Works Director Clemmons

Agenda Packet –
background information not provided

Previously reported – April 2019
To be clear, this is strictly for engineering services. The Board needs to select a firm based on qualification criteria only; they selected Green Engineering for Sewer System #3 upgrade. Green Engineering will provide all engineering services required to construct a vulnerability reducing structure of Lift Station #3. The engineer firm is responsible for the design, bid, and construct process. The Board authorized the Town Manager to negotiate a contract with the selected engineering firm.

Previously reported – June 2019
Green Engineering was awarded the $158,000 contract for Sewer System Engineering to Sewer Pump Station Number 4 in December of 2017. Green Engineering was just awarded the $311,805 contract for Sewer System Engineering to Sewer Pump Station Number 3.

Update –
They have not finalized the design yet, which needs to be completed before the project can be put out to bid.


Vacuum Sewer System #4

Previously reported –
March 2019
New system is up and running without any issues. Met with engineers and prepared punch list items necessary for project completion.

Previously reported – April 2019
Leo Green from Green Engineering, the firm used for construction management services, gave the report. They were able to meet the target date for beginning operations there. Punch list items necessary for project completion took longer than expected and pushed them past scheduled completion date. Project has been completed and they have received the final certificate of occupancy.

Previously reported – May 2019
Wait, What? It was my understanding that this was put to bed last month. Chris is still talking about punch list items being completed.

Previously reported – June 2019
Not for nothing but why are we still talking about this?
They agreed that they could finally put this to bed.
This time is different – No, really

Caveat – we may need to do something with ventilation system to improve the cooling inside the building

Update –
Cooling system is not adequate, they are currently investigating what their options are

To be continued …


8. Discussion and Possible Nomination of Members to Fill Vacancies on the Planning & Zoning Board, Board of Adjustment and Parks & Recreation Advisory Board – Town Clerk Finnell

Agenda Packet –
Board Vacancies
There are two Alternate Member (Pete Pallas and Woody Tyner) terms and one Regular Member (Vicki Myers) term expiring on the Planning & Zoning Board.  All of the current members are eligible and willing to serve another term.

Olivia Gomez’s term is expiring on the Parks & Recreation Advisory Board. She is interested and eligible to serve another term.

Stephen Veenker has served the maximum amount of terms allowed on the Board of Adjustment.  As a result, there is a Regular Member position that needs to be tilled.

I only received one application   to fill the vacancies.  Richard Griffin is interested in serving on the Planning & Zoning Board. He is scheduled to be interviewed at 6:45p.m. on July 16th.

§ 155.11 MEMBERSHIP AND VACANCIES
No regular member shall serve for more than two consecutive terms,
and a member having served two consecutive terms shall not be eligible for reappointment until after remaining off the Board for one year.

Update –
The Board reappointed everyone that was eligible.
On the Board of Adjustment, Richard Griffin will replace Stephen Veenker.

I’m of the opinion that our Board term policy unnecessarily creates vacancies. Interestingly we have term limits for all our Boards except the Board of Commissioners. In what universe does that make sense?

Volunteers needed
The Town is always looking for people to volunteer for their various boards and committees. If you are interested, submit a resume form to heather@hbtownhall.com.


9. Discussion and Possible Action to Create a Policy for Proposing Action to a Committee and the Level of Report Expected – Commissioner Kwiatkowski

Agenda Packet –
The Town of Holden Beach would benefit from a policy that defines a more formal procedure for when the Board of Commissioners proposes an action to a committee.  I believe there should be a more formal charge provided that clearly defines both the ask and what is expected by the Board in terms of reporting the decision. While there are cases where a simple statement of the decision reached, backed up by minutes, is sufficient, in other cases a thorough report is warranted, particularly where projects and/or capital expenditures are impacted. It is important that the record contains sufficient information in case the same or similar situation arises in the future and current town officials want to understand the logic behind the previous decision.

Commissioner K working with Town staff will develop a draft policy


10. Discussion and Possible Action to Request the Planning & Zoning Board Provide a Full Report on Their Evaluation for a Second Water Tower to the Board of Commissioners – Commissioner Kwiatkowski

Agenda Packet –
background information not provided

Pat didn’t find the one-page recommendation adequate for her to come to her own conclusion. She wants to see the supportive data they compiled for her to be able to see how they came to the conclusion that they did.  Peter suggested that it would be prudent to wait for policy to be established in previous agenda item before requesting anything else from the P&Z Board.


11. Discussion and Possible Action to Revise Chapter 91: Fire Prevention, Section 91.16 Recreational Fires – Commissioner Butler

Agenda Packet –
§ 91.16  RECREATIONAL FIRES.
Recreational fires, except those confined within containers manufactured specifically for such purpose, shall not be allowed.

Current Ordinance does not address grilling / barbecuing in public areas including the beach strand or Bridgeview Park. Town staff was charged with revising Ordinance and bring back for the next regular meeting.


12. Discussion and Possible Action to Revise Chapter 72: Parking Regulations, Section 72.02(K) – Commissioner Butler

Agenda Packet –
§ 72.02  PARKING REGULATED ON PUBLIC STREETS AND RIGHTS-OF-WAY. (K)   Additional violation. It shall be a violation of this chapter to leave standing any portion of a vehicle in a lawful parking area between the hours of 2:00 a.m. and 5:00 a.m.

Previously reported – August 2018
Agenda Packet –
Town Ordinance 18-07- revise Section (K) or create a new section in the ordinance that clearly states the following recommended wording:   Vehicles shall not be permitted to park in any beach access or any municipal designated parking areas, between the hours of 2:00am to 5:00am.

It is also recommended that signs be posted in the nine (9) municipal designated parking areas

TOWN OF HOLDEN BEACH / ORDINANCE 18-07
AN ORDINANCE AMENDING THE HOLDEN BEACH CODE OF ORDINANCES, CHAPTER 72: PARKING REGULATIONS (SECTION 72.03 PARKING REGULATED ON PUBLIC STREETS AND RIGHTS-OF-WAY)
(K)  Additional violation. It shall be a violation of this chapter to leave standing any portion of a vehicle in a lawful parking area for a period exceeding 72 consecutive hours between the hours of 2:00a.m. and 5:00a.m.

Much ado about nothing. It was the Board’s intent to not permit parking between 2:00am and 5:00am only in the nine municipal designated parking areas. All of that verbiage was not included in the Ordinance they adopted. Apparently, they were concerned that tickets were being written for property owner vehicles parked in the right-of-way on their own property. Wally assured them that is not the case. He indicated that a revision of the Ordinance was not required. The police department will use their discretion and enforce only in municipal designated parking areas which was the Board’s intent.
No decision was made – No action taken

Update –
Joe was concerned that tickets were being written for property owner vehicles parked in the right-of-way on their own property. They discussed what was the Board’s intent and what are the ramifications if they make any changes. Once again, they decided that a revision of the Ordinance was not required. The Police Department will use their discretion and enforce only in municipal designated parking areas which was the Board’s original intent.

No decision was made – No action taken


13. Discussion and Possible Action to GRR – Commissioner Freer

Previously reported – July 2018
Agenda Packet –
The CORPS’ Brunswick County Beaches project remains open, despite not advancing in several years. The CORPS is invited to update the BOC on the project, its history, a path forward including costs, and a timeline/feasibility of continuing the study.

The CORPS released several publications of studies since the project’s inception in approximately 1997. The project represents a CORPS’ coastal storm damage reduction (CSDR) effort for Holden Beach, Caswell Beach, and Oak Island. This project is currently several years behind schedule.

General Reevaluation Report 
The Brunswick County Beaches General Reevaluation is investigating measures and plans for the single purpose of coastal storm damage reduction. The study is also documenting incidental recreation benefits. Located between Cape Romaine and Cape Fear, Brunswick County is a frequent landfall site for hurricanes and tropical storms tracking along the mid-Atlantic coast. In addition to direct land-falling storms, many other storms have passed offshore and impacted the study area. Local impacts to the study area have varied depending on the landfall location and strength of the storm.
For more information » click here

Update –
Signed into law last month, the Additional Supplemental Appropriations for Disaster Relief Act granted the Corps $35 million to study risk-reduction efforts in areas impacted by Hurricanes Florence, Michael, and other storms. An additional $740 million is included in the act, with a fund availability deadline in September 2020.

 Rather lively discussion. Understand that if we take money to do any USACE project we will lose FEMA funding on any future projects. There were two opposing positions as to how they should proceed. The first position is why proceed if we don’t have a snowballs chance of ever seeing any funds. The second position is we have nothing to lose by participating. The Town has already sent out a Letter of Intent to be included. If we are selected, we have sixty (60) days to decide if we want to participate in the study with no financial obligation on our part. If the study determines a beach renourishment project is “technically feasible, economically justified, and environmentally acceptable,” construction funds could be used to finance future risk-management efforts. That’s a lot of hoops to jump through, but if all that is done, and funding is available only then would we have to choose between USACE and FEMA. I believe that we are waiting to see if we are included before having any more discussion about the merits of this program for us.


14. Town Manager’s Report

External Employee Review
Previously reported – April 2019
Town Manager Hewett said that they had already engaged the MAPS Group. The process has been started but he anticipated that it would take the better part of three to four months before they had the completed report.

The Management and Personnel Services Group – MAPS – is a team of consultants specializing in human resource management and development.
For more information » click here

Previously reported – June
Evaluation of compensation package and job descriptions should be completed shortly. After Town Manager reviews report it will be presented to the BOC’s.  

Update –
MAPS including end of fiscal year salary rate changes is still working on the study
David
should be able to present to the Board in August

FEMA / Storm Events
Two FEMA hurricane damage reimbursement programs being worked simultaneously
Cat G Project Worksheets completed and in queue
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 $20 million-dollar range
We are in the process to identify locations where we can get more sand from
Also working to get permit updates

LWF
USACE informed us that the crossing project is no longer included in their base contract
Bend Widener project is subject to biological assessment
Reviewed LWF dredging expenditures

Town Attorney
Previously reported February 2016
Noel Fox of Craige & Fox was selected as our new town attorney
They terminated the interim attorney agreement and hired a permanent attorney
Noel has municipal law experience and her family owns property on Holden Beach

Previously reported – June 2019
Town Attorney Noel Fox tendered her resignation
A search will begin to hire a new attorney as soon as possible

Update –
The Town initiated a Request for Proposal (RFP)
Anticipate having candidate options for the Board at the next meeting 


15. Executive Session Pursuant to North Carolina General Statute 143-318.11(A)(5) To Establish or Instruct the Staff or Agent Concerning the Negotiation of the Price or Terms of a Contract Concerning the Acquisition of Real Property and North Carolina General Statute 143-318.11(A)(3) To Consult with the Town Attorney  

No decision was made – No action taken


General Comments –

There were twenty-five (25) members of the community in attendance

The next BOC’s Regular Meeting has been rescheduled to the third Tuesday of the month, August 20th

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

Loose Ends:
Chapter 50: Solid Waste
Rental properties have specific number of trash cans based on number of bedrooms
Enforcement fines to those not following the yard waste requirements
Enforcement fines for those placing trash on the ground or on top of trash containers
Enforcement and communication reside with the town staff to determine
Examine the possibility of providing a rollout program in addition to rollback

We were told protocols would be established, communication to the public would be made, followed by enforcement. It’s the middle of July already, when were they planning to do these tasks?


Municipal Elections
Election season for area municipal offices begins with candidate filings. Brunswick County’s election filing period for Brunswick County’s 19 municipalities opened at noon Friday, July 5; election filing will continue through noon Friday, July 19. All of Holden Beach’s elected positions are up for election this year. Election Day this year is Tuesday, November 5th. The filing period for municipal elections has ended.

The following candidates have officially filed for Holden Beach municipal elections before the deadline.

Holden Beach Mayor
Alan Holden                           128 OBW                               Holden Beach             (incumbent)

Holden Beach Commissioner
Gerald Brown                        851 Heron Landing             Holden Beach             (former)         Joe Butler                               169 BAE                                 Holden Beach             (incumbent)
John Fletcher                         148 Yacht Watch                  Holden Beach             (incumbent)
Peter Freer                             198 BAW                                Holden Beach             (incumbent)
Pat Kwiatkowski                   1298 OBW                             Holden Beach             (incumbent)
Regina Martin                       1032 OBW                             Holden Beach             (former)
Brian Murdock                      124 Durham Street              Holden Beach             /
Mike Sullivan                         648 OBW                               Holden Beach             (incumbent)
Woody Tyner                         137 Tarpon Drive                 Holden Beach             /          

All five Commissioners seats are up for election, nine candidates have filed. As approved by a referendum in 2017, the three candidates who receive the highest number of votes will be elected to serve four-year terms and the two candidates receiving the next highest number of votes will be elected to serve two-year terms.


Previously reported –
June 2017

Staggered Terms – Appointing the members of Boards so that all the members do not change at the same time because their terms expire at different times.

Advantage of Staggered TermsHelp preserve institutional memory by not allowing total rotation of the leadership at one time. Good institutional memory generally improves decision-making and promotes the continuity of good practices and programs.

Reinstitute Staggered TermsHolden Beach and Bolivia are the only Brunswick County town governments that do not have staggered terms. The Board normally would have two (2) options on how they could make change back to staggered terms. We will need to do a referendum for it to be in effect before the November 2017 elections. It will take two election cycles to fully implement. Justification given is to preserve continuity.

Referendum –  A general vote by the electorate on a single political question that has been referred to them for a direct decision.

Update –
By unanimous vote, the Board of Commissioners approved the crafting of a resolution that would put the proposed changes to voters as a referendum on the ballot in November of 2017. If the referendum is approved the staggered terms would be implemented after the November of 2019 election. To be clear, only registered voters of Holden Beach would get to vote on the referendum.

Previously reported – July 2017
Agenda Packet –
ORDINANCE 17-10 / AN ORDINANCE AMENDING THE CHARTER OF THE TOWN OF HOLDEN BEACH TO IMPLEMENT FOUR-YEAR STAGGERED TERMS FOR THE COMMISSIONERS OF THE TOWN OF HOLDEN BEACH BOARD OF COMMISSIONERS.

Section 2. At the regular municipal election to be held on November 5, 2019, the three commissioner candidates who   receive the   highest number   of votes shall be elected for four-year terms, while the two commissioner candidates who receive the next highest   number   of votes shall be elected for two-year terms.  At the regular municipal election to be held in 2021, and every four years thereafter, two commissioners on the Board of Commissioners shall be elected to serve for four­ year terms. At the regular municipal election to be held in 2023, and every four years thereafter, three commissioners of the Board of Commissioners shall be elected to four-year terms.

Previously reported – November 2017
Referendum was approved so we will implement the four-year staggered terms beginning in 2019.


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