10 – Town Meeting

Lou’s Views

“Unofficial” Minutes & Comments


BOC’s Special Meeting 10/11/19

Board of Commissioners’ Agenda Packet » click here NA

Audio Recording » click here NA


1. Discussion and Possible Selection of Town Attorney (Commissioners Butler & Freer)

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

Previously reported – July 2019
The Town initiated a Request for Proposal (RFP)
Anticipate having candidate options for the Board at the next meeting

Previously reported – August 2019
Agenda Packet –
Request for Proposals for Legal Service
A Request for Proposals (RFP) for Legal Services was advertised in the local paper and was placed on the North Carolina   League of Municipalities’ website.   In response to the RFP, the Town received four proposals. The firms who are interested in providing legal services to the Town are the Law Offices of G. Grady Richardson, Jr., P.C., The Brough Law Firm, PLLC, the Law Office of Matthew A. Nichols and the Law Firm of Richard F. Green, PLLC. The proposals are included in the Board’s meeting information for review.

Richard Green Proposal
Matthew Nichols Proposal
Brough Proposal
Grady Richardson Proposal

Commissioner Sullivan indicated that it was not prudent to hire an attorney without conducting interviews. His recommendation was to interview the firms at a Special Meeting. Heather will handle, they simply need to coordinate their schedules to set meeting date.

Previously reported Special Meeting 08/30/19
They were able to reach consensus on two issues. Decision was made that all of them should be there to interview each firm individually. They also eliminated Brough simply based on they are geographically undesirable, too far away.

Previously reported Special Meeting 09/18/19
The Board interviewed four (4) firms but did not make a selection yet.

No decision was made – No action taken

Update –
The Grady Richardson firm was selected as our new town attorney


BOC’s Regular Meeting 10/15/19

Board of Commissioners’ Agenda Packet click here

Audio Recording » click here


1. Discussion and possible action to hire the new Town Attorney
Item was added to the agenda, background information was not provided

The Board hired the Grady Richardson firm as our new town attorney

A decision was made – Approved unanimously


2. Discussion and possible action on the information flow to the Audit Committee.
Item was added to the agenda, background information was not provided

Directed the Town Manager / Financial Officer to provide the Audit Committee all information requested to evaluate internal control and performance of external auditor.

A decision was made – Approved (3-2)
Commissioners Sullivan and Kwiatkowski both voted against the motion


3. Discussion and Possible Approval of Proposed Land Use Plan for Submission to the Division of Coastal Management – Wes McLeod, Cape Fear Council of Governments (Planning Director Tim Evans)
Agenda Packet –
As the Board of Commissioners are aware, the Land Use Plan Committee completed their work as commissioned by the Board of Commissioners. The LUP was then sent to the Holden Beach Planning and Zoning Board where a public hearing was held. The P&Z Board approved sending the completed document for review.

The P&Z Board requested that another public hearing be set before the Board of Commissioners’ meeting. They erred in this request, as only the Board of Commissioners can set their public hearings. While a second public hearing is not necessary at this time, the Board may request such if they feel the need arises.

The P&Z Board provided three recommendations:
.     1. Accept the Document and send it forward to DEQ for staff review.
.     2. Send the Document Back to the LUP Committee with changes.
.     3. Amend the document.
         * If the document is amended any amendments will need to be reviewed by                      Wes McLeod and staff for compliance with the 7B statutory requirements.

It is important to understand that while the document is a guideline and a mirror of the community’s philosophies, it is not a regulatory document. It is basically a comprehensive guideline to show that the town’s future is directed towards those ideals as set forth in the Statues.

Land Use Plan
For more information » click here

Previously reported – September 2019
Land Use Plan Steering Committee’s meeting was held on August 27th.
This should be their last meeting; a draft will be sent to P&Z for approval.
Land Use Plan Engagement Session was held on September 17th.

View draft of the plan » click here

HBPOA
What is the Land Use Plan?
“Holden Beach’s Land Use Plan provides guidance to local decision-makers seeking to achieve the community’s long-term vision. This process allows public officials, staff, and other stakeholders to be proactive rather than reactive in maintaining Holden Beach’s status as one of the finest family oriented coastal communities on the East Coast of the United States. This plan builds on the previous land use plans prepared by Holden Beach in 1980, 1985, 1990, 1997, and 2009. It encompasses all geographic areas in the community; considering issues of future land use, development, and natural resource protection. The plan is long-range in nature and looks beyond current issues to address potential future land use and environmental issues over the next 10 to 15 years and beyond.”

Update –
Wes explained the procedure to get this plan adopted. It has been recommended for approval by both Boards that worked on it (Land Use Plan Committee & Planning and Zoning Board). The statuary process for this to be adopted requires it to be submitted to the Division of Coastal Management (DCM) for completeness review. After that 75-day review process we are still required to have a Public Hearing, after that it can then be adopted by the BOC’s. It then goes back to the DCM for certification.

A decision was made – Approved unanimously 
Only approved submitting proposed Land Use Plan to DCM for their review


4. Annual Beach Monitoring Report – Fran Way, Applied Technology & Management (Assistant Town Manager Ferguson)
Agenda Packet –
The Town participates in annual beach monitoring in an effort to maintain a healthy beach and dune system and to keep our engineered beach status.  These reports are also instrumental   in serving as a baseline account of sand volume as compared to post-storm surveys.  Mr. Fran Way with ATM is here to present data from the annual report and highlight changes since last year.

Applied Technology Management
ATM is a coastal engineering firm hired by the town to do the following:

  • Annual monitoring, data collection and reporting
  • Assess sand erosion
  • Evaluate nourishment
  • FEMA projects cost reimbursement support
  • Meet government regulatory permitting conditions

Annual monitoring has occurred since 2001. We have an engineered beach – which means it has been nourished and is being monitored.

Beach nourishment profile equilibration:
What to expect after sand is placed on a beach
Read more » click here

Update –
Fran Way presented the annual beach monitoring report. They have completed the annual survey of the beach strand. Primarily they make sure the beach is healthy. Most sections of the beach strand are stable and had accretion. Beach equilibration has occurred, projects are designed to include a volume of sand that the waves and currents will transport offshore to fill in the lower parts of the beach profile. Some of the sand lost off shore has been come back in to the system. The beach strand is recovering nicely from the recent storm events. Ongoing beach management activity has made the beach strand wider than it was twenty years ago. We have used a significant amount of material from the borrow area and will need to identify new areas to take sand from for future large-scale projects.


5. Discussion and Possible Action on the Oceanfront and Inlets Management Plan – Assistant Town Manager Ferguson
Agenda Packet –
At the September BOC meeting, ATM presented an update to the long-term beach and inlet management plan.  This document is to serve as a 10-year plan for the Town, with both long and short-term goals.  The BOC first tasked the Inlet and Beach Protection   Board (IBPB) to prepare and recommend   a plan in Ordinance 18-02.  The IBPB has been working with ATM to accomplish this task since February.   They have completed their tasker and the document is before you for consideration of adoption.

Oceanfront and Inlets Management Plan
For more information » click here

Previously reported September 2019
Agenda Packet –
Long-term Beach and Inlet Management Plan
As part of the powers and duties assigned to the Inlet and Beach Protection Board in Ordinance No. 18-02, the board is to prepare and recommend a comprehensive long-term plan for the management, dredging, and protection of the inlets and management, protection and nourishment of the ocean beaches and protective dune systems. This document is to serve as a 10-year plan for the Town. ATM facilitated the development of the plan in working with the IBPB since February. Cathy Foerster and Fran Way will present the plan for possible adoption by the BOC.

Presentation Outline
Planning Process

Focus Areas
Goals
Projects/Actions
Adaptive Management

Planning Process
Kickoff Meeting and Data Collection in February 2019

Five Work Sessions – IBPB and ATM (March to August 2019)

    • Prepare a goal-based adaptive management plan
    • Build upon technical approach memorialized in 2009 Beach Management Planning and Borrow Area Investigations
    • 10-year planning period
    • Funding options

Focus Areas
Shallotte Inlet / West End / Central Reach / East End / LWF Inlet

Goals
15 Goals
that Acknowledge and Address

      • Naturally occurring coastal erosion
      • Changing sea level
      • Impacts from recent climatic events
      • Baseline for community resiliency

Projects/Actions
19 Projects/Actions
Within the Next 10 Years

      • Address coastal erosion
      • Address dune retreat
      • Recover from recent climatic events
      • Achieve coastal resiliency

Focus on Short-Term (within 5 years)

Adaptive Management
IBPB and ATM will review plan annually

Recommend adjustments to the Board of Commissioners based on effects of:

      • Climatic events (hurricanes, sea level rise)
      • Potential damage (nor’easters)
      • Opportunities (funding, collaboration)
      • Consequences (new regulations or delayed projects)

Update –
The IBPB, the staff, and the town’s beach engineering consultant ATM have been working since July of 2018 on this plan, it was approved as submitted.

A decision was made – Approved (4-1)
Commissioner Sullivan voted against the motion


IBPB September Meeting Update
The Inlet and Beach Protection Board (IBPB) met September 26 and the following issues and topics were discussed and addressed:

Comprehensive Long-Term Plan:
The Long-Term Plan is pending before the BOC. Approval or action was postponed at the September meeting and is expected to be on the BOC’s October agenda. The IBPB will recommend adoption of the plan.

Status of the Beach and Inlets:
Staff provided an overview of current and future projects, efforts and conditions, and issues relative to the beach strand and inlets. Highlights include:

  • SACS Study: An update on the South Atlantic Coastal Study (SACS) was presented along with documentation.
  • CRR FEMA Reimbursement: The status of the $25,000,000 FEMA Florence and Michael remediation project, now known as the Central Reach Reimbursement Project, (CRR Project) was discussed. The approved project worksheets needed before work can start are still being held up in Environmental review.
  • Sand Search: The sand sourcing needed for the FEMA/CRR project is moving forward. Acoustic testing has been completed and additional borings are now being taken.
  • Hurricane Dorian: Staff met with the County and FEMA to discuss damages. Total damages for the County and/or State must meet certain thresholds to be reimbursed. East Coast Engineering has done an initial survey to be analyzed by ATM. Steve Mercer has estimated that 5000 plants were lost. Total rough estimates are 339,575cy of sand were lost from the strand. Sand fences damaged in the storm were included in the damage report.  The total for plants lost and sand fencing is included in the estimated $4,700,000 loss total.  Trash cans will be returned to the strand after storm season.
  • LWFIX and Bend Widener:  The pending projects were detailed and discussed. The Corps had previously confirmed that a dredging project would occur this winter and place approximately 135,000cy of material from the bend widener and 80,000cy from the LWFIX on the East End and funds were secured from the Town, County and the State which were forwarded to the Corps. The Corps subsequently determined that a Biologic Opinion (BO) would be required before the contract for the Bend Widener could be approved.  The project was put out to bid with the Small Business Administration (SBA) and two bids were received.  One was too high and the other was deemed non-responsive and disallowed by the Corps and is receiving further evaluation from the SBA. The Board is concerned about the viability of the projects based on timelines and delays. Town management has stressed that everything that can be done has been done.
  • Corps Engagement: The GRR/50 Year Plan/15 Year Plan Study and the separate 1966 Dune and Berm Construction Projects precipitated from the lobbyist’s efforts and the Wilmington District of the Corps of Engineers were touched on. At the August IBPB meeting, the Board was asked to review Poyner Spruill’s August report.  A decision from the Corps was anticipated by the end of August, but the decision is still pending.
  • UNCW Collaboration: Representatives from UNCW have presented a proposal and scope of work to begin working on the vegetation study and the inlet changes document. Town Staff are reviewing the documents.
  • Other Updates: “Keep Off the Dunes” signs, which were approved in the adopted budget have been ordered. The annual Beach Monitoring Report will be presented at the October BOC meeting. Mats will be ordered this winter. Town management has had engagement with Steve Mercer on vegetation post-Dorian and he recommends repairs and upgrades to sand fencing and planting of American Beach Grass.

Meetings:     
The IBPB will be represented at the Brunswick County Shoreline Protection meeting October 2 and will be attending the American Shore and Beach Preservation Association (ASBPA) National Meeting October 22-25 in Myrtle Beach. The Town of Holden Beach is presenting on the Central Reach Project at the conference.

The Board’s meeting schedule for the remainder of the year has been tentatively changed to cancel the October 24 meeting and advance the November and December meetings by a week.


6. Discussion and Possible Approval of Ordinance 19-16, An Ordinance Amending Ordinance 19-10, The Revenues and Appropriations Ordinance for Fiscal Year 2019 – 2020 (Amendment No. 4) – Assistant Town Manager Ferguson
Agenda Packet –
The Town of   Holden Beach is currently participating   in a sand search for our Central   Reach Reimbursement (Florence/Michael) project.  Mr. Fran Way with ATM contacted the staff to recommend additional vibracores be collected after seismic data collection was complete.  These additional vibracores are recommended in order for the Town to have two usable borrow areas (assuming favorable results). One borrow area will have 21 vibracores and another will have 9.  Fewer than 9 borings would be helpful for long-term research, but 9 is the practical minimum for a useable borrow area as it needs to be of sufficient length for a hopper dredge.  Nine also gets us to a useable borrow area (approximately I million cy available).  Future data collection cannot be ruled out, especially considering offshore Holden Beach is considered sand starved.   For comparison, the Central Reach borrow area included 32 borings.  The cost for the additional borings is S17,565.   A decision was needed so that timelines could remain on target. Currently the $17,565 was sourced from the Professional Services line in the BPART budget.  A budget amendment is attached that appropriates (reimburses) funds that have been expensed in this effort.

Moved funds of $17,565
From Revenue account #50.0399.0000 to Expense account#50.0710.0400

The Town is doing a sand search for beach nourishment.
This is the cost of nine (9) additional vibracores needed for the search. 

A decision was made – Approved unanimously


7. Discussion and Possible Approval of Resolution 19-05, Designation of Applicant’s Agent (Hurricane Dorian) – Assistant Town Manager Ferguson Agenda Packet –
Through   recent communication, the NC Department   of Public Safety informed   the Town of Holden Beach that an applicant designee would need to be appointed for Hurricane Dorian.  The resolution form from the state is attached.  The applicant   designee   will be responsible as signatory   for the FEMA application process and formation of project worksheets.  A primary and secondary designee is required. This memo   requests   the BOC designate Town   Manager   David Hewett as the primary   contact   and Assistant Town Manager Ferguson as the secondary contact on the FEMA Resolution.

Suggested motion: The BOC hereby designates Town Manager David Hewett as the primary applicant agent and Assistant Town Manager Ferguson as secondary agent on the FEMA Resolution.

Update –
Resolution 19-05 authorizes Town Manager Hewett and assistant Town manager Ferguson to execute and file applications for assistance on behalf of the Town. Approval of this resolution is necessary to move forward with requesting assistance relating to Hurricane Dorian. Simply part of the process that we establish an official point of contact to process FEMA reimbursement requests

A decision was made – Approved unanimously
Recommended motion was approved as submitted.


8. Police Report – Chief Jeremy Dixon

Police PatchWe will be having a number of upcoming events, expect traffic and plan accordingly. The Police Department will be participating in the Booze It and Lose It safety campaign. Town Ordinance hunting is not permitted on the island, enforcement is problematic if they come by boat.

 

Recognized as one of the nation’s most effective anti-drunk-driving campaigns, Booze It & Lose It has created increased awareness of the dangers and the consequences of drinking and driving through innovative education campaigns and extensive enforcement of impaired-driving laws. During each campaign, law enforcement agencies increase the number of patrols and officers in an area, set up checking stations and use local news media to reach out to drivers. Motorists caught driving while impaired could face jail time, lose their driving privileges and pay an average of $10,000 in fines, towing fees and other expenses associated with a DWI. That’s not a small price, and it doesn’t even count the heftier price: the potential cost of a lost life. Even with the success of Booze It & Lose It, more than 9,000 people have lost their lives in alcohol-related crashes in North Carolina since the program’s introduction in 1994. During enforcement campaigns, law enforcement agencies increase the number of saturation patrols, set up checking stations and use local news media to reach out to all drivers.
For more information » click here


It’s that time of year, rental season ends, and break-in season officially starts
Requested that we all serve as the eyes and ears for law enforcement.

If you know something, hear something, or see something –
call 911 and let police deal with it.


Neighborhood Watch

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

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

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


9. Discussion and Possible Approval of Resolution 19-06, Resolution in Honor of Veterans Day – Town Manager Hewett
Agenda Packet –
RESOLUTION 19-06
RESOLUTION IN HONOR OF VETERANS DAY

WHEREAS, individuals from all walks of life have taken up arms and have sworn to support and defend the principles upon which our country was founded; and

WHEREAS, throughout our history, courageous men and women have donned the uniform of Armed Forces and built a noble tradition of faithful and dedicated service to our country; and

WHEREAS, the military men and women who serve and protect our country come from all walks of life; they are parents, children, grandparents, friends, neighbors and coworkers and are an important part of our communities: and

WHEREAS, Veterans Day has been set aside to honor those American patriots who answered the call of duty, preserving our freedoms d often making the ultimate sacrifice; and

WHEREAS, we can never fully repay our debt of gratitude to those heroic men and women who served, were wounded or even died in battle; and

WHEREAS, we continue to draw inspiration from the heroism and dedication of those who serve and sacrifice for the cause of liberty and justice; and

WHEREAS, on November 11th we are reminded of our solemn obligation: to serve our veterans as well as they have served us.

NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners of the Town of Holden Beach, North Carolina that all citizens join together to observe Veterans Day on November 11th and to honor the special men and women who have served our country.

A decision was made – Approved unanimously


10. Discussion and Possible Action on Classification and Pay Study and the Updated Personnel Policy Created by the Management & Personnel Services Group – Town Manager Hewett

    1. Class Specifications
    2. Pay Plan
    3. Implementation of Option I, Effective January 1, 2020
    4. Ordinance 19-17, An Ordinance Amending Ordinance 19-10, The Revenues and Appropriations Ordinance for Fiscal Year 2019 – 2020 (Amendment No.5)
    5. Personnel Policy

Agenda Packet –
There are several items that need to be approved in order to implement the recommendations made by the MAPS Group. The Classification and Pay Plan and corresponding budget amendment (separate memo) need to be adopted. The Board should also vote to implement Option I. the implementation strategy approved at the September 17th meeting. effective January 1, 2020. The last item the Board needs to consider is approval of the updated Personnel Policy.

Suggested motions:

    • Approve the proposed Classification and Pay Study.
    • Approve Ordinance 19-15, An Ordinance Amending Ordinance 19-10. The Revenues and Appropriations Ordinance for Fiscal Year 2019 – 2020 (Amendment No. 5) and implement Option I effective January 1, 2020.
    • Approve the proposed Personnel Policy.

Budget Amendment for Implementation of Classification and Pay Plan
The attached Budget Amendment is necessary to implement the Classification and Pay Plan per BOC direction. It has been developed in accordance with BOC direction for implementing Option 1 previously briefed to the BOC at the Special Meeting of September 17, 2019. The budget amendment totals $51k and provides implementation funding for the new pay plan to be effective for the second half of the 2019/2020 fiscal year.

Management and Personnel Services Group
For more information » click here
For more information » click here

Previously reported – February 2019
Commissioner Freer asked that the Town initiate a request for proposal (RFP) to do the following:

    1. Establish set job descriptions for each position, and a compensation pay range
    2. Conduct a total compensation study

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 2019
Evaluation of compensation package and job descriptions should be completed shortly. After Town Manager reviews report it will be presented to the BOC’s.  

Previously reported – July 2019 
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

Previously reported – August 2019
Agenda Packet –
The Maps Group has completed their research for the Classification and Pay Study and would like to schedule a meeting to review their findings with the Board. Becky Veazey from the MAPS Group, has provided their availability for the last week in August and for the first couple of weeks in September. Please provide Town Clerk Finnell with your schedules so we can coordinate a time to hold a special meeting. Ms. Veazey anticipates the information will take approximately one hour to present to the Board.

Heather handled; they simply need to coordinate their schedules to set meeting date.

Previously reported – September 2019
The study updates the classification and pay plan for THB as well as making recommendations concerning personnel policies and fringe benefits. Recommendations are being made for salary schedule, position classification plan, and costs for implementing the salary plan. Salary data determined by prevailing rate in geographic area as well as with employers who directly compete for the same pool of workers with those job skills. The salaries represent the local market which provides a reflection of the actual cost of living in the geographic area. Implementation strategy offered three options; the recommended option had an additional annual price tag of $80,327 in just salary cost. An additional cost of roughly 20% for benefits brings the total cost to implement at almost $100,000 annually. Interestingly, we offer significantly higher family health insurance coverage than the rest of the local market, yet we didn’t seem to get any credit for that in a total compensation package. Recommendations for THB are based on meeting the market, not leading the market. Takeaway was that we were in pretty good shape considering we hadn’t done a study in a very long time, but adjustments need to be made to stay competitive in the local market. Staying competitive in our total compensation package will allow us to recruit and retain employees. Presentation was a very pragmatic approach to the subject and clearly directs us on how to proceed.

Previously reported September 2019
The recommended option being considered had an additional annual price tag of $80,327 in just salary cost. An additional cost of roughly 20% for benefits brings the total cost to implement at almost $100,000 annually. The Board is considering adopting this option with the new personnel policy and classification and pay plan potentially beginning January 1, 2020. They have requested that the Town Manager look at how we would pay for it.

A decision was made – Approved (4-1)
Commissioner Freer voted against the motion

Update –
Three of the Commissioners took a position that this should be addressed in the next budget cycle. They also stressed that we need to address all the components of the total compensation package not just implementing the pay plan.

A decision was made – Not Approved 
Commissioners Fletcher, Freer, and Butler all voted against the motion


11. Discussion & Possible Action Relative to Section 72.02 Parking Regulated on Public Streets & Rights-of- Way – Commissioner Sullivan

§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.

Agenda Packet –
PARKING DISCUSSION
After due discussion and consideration, in April 2018 the Board of Commissioners voted to revise ordinance section 72.02 PARKING REGULATED ON PUBLIC STREETS AND RIGHTS OF WAY. The revised ordinance contains section(k) 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 2:00am and 5:00am.

The stated purpose for the revision was a concern for the safety, privacy and property rights of the property owners of Holden Beach. Due to an increase in proactive enforcement measures of the Holden Beach Police Department related to parking in the right of way, the benefit of the revision has been questioned by some residents and visitors.

In an attempt to address the stated concerns and also protect the stated purposes of the revised ordinance, I suggest the following course of action:

1. Suggest to rental agencies that the number of available legal spaces be included in all advertisements for rental properties. This will give potential renters an opportunity to determine if a rental home has sufficient parking for their needs.

2. Allow Holden Beach property owners, displaying a valid Holden Beach Vehicle Decal, to park in the right of way adjacent to their property as long as such parking is not otherwise prohibited, i.e. no parking on OBW or within 25 feet of an intersection. This limited exception, coupled with other ordinance provisions, should address the vast majority of complaints without expanding the potential for overcrowding and the conversion of smaller rental properties into “event” properties.

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, 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

Previously reported – July 2019
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

Minutes – July 2019
DISCUSSION AND POSSIBLE ACTION TO REVISE CHAPTER 72: PARKING REGULATIONS, SECTION 72.02(K)
Commissioner Butler read the current verbiage concerning parking in Section 72.02(K). He believes the Board’s intent last August was to prohibit parking in the nine municipal areas between the hours of 2:00a.m.- 5:00a.m. Commissioner Sullivan said it is specifically how the Board wanted it. The Board had the discussion whether it would be better to prohibit the parking somewhere like under the bridge, but then that person would go park by someone’s home. He said the problem when the issue was raised was that people were complaining that people were parking overnight. After all of the discussions, the Board decided that the most effective way to accomplish the goal was to have a window when you couldn’t leave your car parked. Commissioner Butler stated we have people who need to park in the rights-of-way (ROW) between the hours of 2:00a.m.- 5:00a.m. Commissioner Sullivan said this is an example of what he was talking about; the Board talks about something, passes a rule and then after it is put in place, we feel like we need to revise it. He said if we are going to allow people to parking in the ROW, we might as well just rescind the whole ordinance. Commissioner Butler said he is not in favor of that. Commissioner Sullivan said the police will not know if a car belongs to the person at a house. He asked what the Board would be accomplishing. He suggested if the Board is going to make a change, they should give more thought and decide what the ramifications of the change would be. The guy that would park under the bridge will now park in front of somebody’s house and fisherman can’t park at all. Commissioner Butler said the municipal parking areas are identified with signs that say the prohibited hours. He explained we are a family beach and want to retain that title.

Planning Director Evans clarified there is a distinction between the ROW and municipal areas. Any homeowner can stop people from parking in the ROW by putting up the legalized barriers. Commissioner Sullivan said if someone is renting a home, they won’t put up a fence because people may need to park there. It would take the problem from someone staying under the bridge and possibly move it to someone’s house. Commissioner Butler said he is glad the Board is discussing this. He had an officer bring it to his attention that it was hard to control this. Commissioner Freer stated he would leave it as it is, and it is at the discretion of the Police Department to enforce it. Commissioners Sullivan and Butler agreed.

Mayor Holden stated he bet the others aren’t getting the complaints he is getting. He provided information regarding a complaint concerning someone’s grandson who received a $75 ticket because there wasn’t anywhere to park during the night and there wasnt enough parking at the family house. The man has owned property for approximately 40 years. A friend of his looked for no parking signs and they couldn’t find any signs. Mayor Holden said this it isn’t working, and he will start sharing the complaints he receives. He asked how people are supposed to know there is no parking. He said people ask where they are supposed to park, there is nowhere to legally park. The citizen from the complaint he described said if all of the public parking is shut down and the streets are shut down, he would need to take his grandson to Walmart or somewhere to leave his car overnight.

Previously reported – August 2019
Apparently at the discretion of the Police Department meant something different to the Board and to the Police Department. The Police Department chose to enforce the ordinance and wrote twenty-three (23) tickets for vehicles parked in the right-of-way. Needless to say, Commissioner Butler was not happy with the situation. After another round of robust discussion, it was still unclear as how they planned to amend the Ordinance. They were all in agreement that it shall be a violation to leave any vehicle that is parked between the hours of 2:00 a.m. and 5:00 a.m. in the nine (9) municipal public parking areas. What was not so clear, was parking in the right-of-way.

They were unable to amend ordinance because it was not on the original agenda. They asked the Police Chief to use his discretion and just focus on municipal public parking areas until they can amend ordinance at the next regular meeting.

Frankly we are making this way too complicated. On street parking should be allowed all the time. If an owner wants to restrict parking, they can use a post and rope fence. If someone parks between 2:00 a.m. and 5:00 a.m. and is carrying on, then just call the Police the same way you would any other time of the day.

Previously reported – September 2019
The proposal allows owners to park four (4) additional vehicles in the right-of way on their property. The storm vehicle decals issued to each property owner is what will be used for identification. The Board asked the Town attorney to prepare a revised Ordinance.

A decision was made – Approved unanimously


This is a solution in search of a problem!


Update –
New Town attorney will work on language that is both lawful and enforceable.
Consensus of the Board is to put item on the agenda at the November Regular Meeting.


12. Discussion and Possible Action on Proposed Ordinance for Maximum House Size Construction –  Inspections Director Tim Evans
Agenda Packet –
Attached is the proposed ordinance for maximum house size construction that Inspections Director Evans sent to Attorney Fox for review per the Board’s direction. Attorney Fox suggested that the new attorney selected by the Board have the opportunity to review it before action is taken. If the Board agrees a motion to send it to the new attorney should be made.

§157.060 RESIDENTIAL DISTRICT (R-1).
(D)      Dimensional requirements R-1.

.     (1)       Lot area. Minimum required:
.       (a)       For a one-family dwelling,5,000 square feet.
      (b)          For a two-family dwelling, 7,500 square feet.
    (2)       Lot width.  Minimum required: 50 feet.
.     (3)        Front Yard Setbacks per structure size:
           <4000 Square Feet Minimum Required: 25 Feet
.            4000 < 5000 Square Feet Minimum Required: 30 Feet
.            5000 > 6000 Square Feet Minimum Required: 35 Feet
    (4) Side Yard Setbacks per Structure Size:
.            4000 Square Feet Minimum Required: 5 feet
.            4000 < 5000 Square Feet Minimum Required: 7 Feet
.            5000 > 6000 Square Feet Minimum Required:10 Feet
.       (a)  Open porches, decks, or overhangs shall not extend into minimum setbacks
.    (5)  Rear Yard Setbacks Per structure S1ze
           <4000 Square Feet Minimum Required: 20 Feet
.            4000 < 5000 Square Feet Minimum Required: 25 Feet
.            5000 > 6000 Square Feet Minimum Required: 30 Feet
    (7)       Lot coverage.
.       (a)        Lot coverage of main structure shall not exceed 30% of the platted lot. If structure is 4000 square feet or greater then lot coverage cannot be greater than 25 percent. If structure coverage is 5000 square feet or greater lot coverage is limited to 20 percent.
    (12)     Minimum floor area of building 750 square feet of heated space.
.        (a)  Maximum Structure Size of any dwelling shall be 6000 Square Feet
.     (13)    Open uncovered stairs, not including any deck or landing at porch level, may project up to ten feet into the required front or rear yards of structures <4000 Square Feet, but not both.

Previously reported – December 2018
Agenda Packet –
I would like to have the Planning and Zoning Board revisit the issue, by investigating and reporting to the Board of Commissioners on the feasibility and applicability of the measures proposed by Dare County, as follows:

. 1. At last week’s Duck Town Council meeting, members considered a recommendation by the Duck Planning Board to regulate occupancy by establishing town standards for the capacity of septic systems based on lot sizes.
.   2.
They also scheduled for Dec. 5 a public hearing on a draft ordinance that would set a tiered approach to regulating house size based on lot size.

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

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

A decision was made – Approved unanimously

Previously reported – June 2019
Discussion and Possible Action on Proposed Ordinance for Maximum House Size Construction – Planning Director Evans
Agenda Packet –
The Planning Board has approved a proposed ordinance change for consideration by the Board of Commissioners. As you are aware, Commissioners have voiced some concerns over possible future and present issues related to homes that are so large that they pose an impact to the quality environment that the Holden Beach wishes to portray.

This ordinance has been vetted by the planning Department and is similar to other beach town regulation pertaining to the same issues.

Proposed Zoning Ordinances Changes

  • Maximum House Size of 6,000 square feet
  • Progressive Setbacks
  • Protection of Storm Water Discharge through Reduction
  • Traffic Reduction
  • Reduced Parking Density
  • Reduction of Trash refuse
  • Improve Quality of Life
  • Increase Lot Open Space
  • Decrease Potential Secondary Storm Debris

Clear, concise, easily understood presentation by Timbo. This has been a major issue for years. He said that he attempted to be fair and equitable for everyone. Well thought out, benchmarked other beach town regulations and the Planning Board has already signed off on the proposal. Proposal would not be changing the dynamics of what has been done before; but homes will fit better on the lots now. Next step is for staff to put this into an Ordinance format.

A decision was made – Approved unanimously

Update –
New Town attorney will work on language that is both lawful and enforceable.
Consensus of the Board is to put item on the agenda at the November Regular Meeting


13. Discussion and Possible Nomination of Members to Serve on the Board of Adjustment– Town Clerk Finnell
Agenda Packet –
There are two Alternate Member positions that are vacant on the Board of Adjustment.  I   have not received any applications for the positions.  I will let the Board know if any are submitted prior to the Special Meeting scheduled for October 15th at 6:45 p.m.

Boards
§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.

There were no applications, and no one was interviewed at the 6:45pm Special Meeting.
Mary Lou Lahren and Phillip Caldwell both have offered to serve as alternates.

The Board voted by consensus and selected them both to serve as alternates.

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.


14. Town Manager’s Report

Audits
They have received the Annual Audit Draft which is due by the end of the month.  He acknowledged that he owes the Board a plan to address issues identified by internal control report. The Town is not on the latest Unit Assistance List at this time. 

Finance Department Staff
Mandy Lockner (Fiscal Operations 2) has resigned.   

LWF Bend Widener Navigation Maintenance Project
The Lockwood Folly Inlet dredging low bid contractor has been cleared by the Small Business Association and the contract should be awarded the week of October 25th.  That will include the Bend Widener option, but he is unsure what the impact will be from the delay of starting the project. 

Beach Nourishment
The sand search continues.  The hydrography survey and vibracores have been completed. However, we were told that an archeological side beam scan is required before we submit for permit modification.

FEMA / Storm Events
The Town is currently working reimbursements from five (5) federally declared storms simultaneously. Each of the five (5) projects are treated separately, we may be able to achieve economies of scale if we can combine them. We will be going through the bid process for the estimated $25 million in sand reimbursements.  The Dorian declaration raises the total up to $30 million if it is added into the mix. Because of our experience working with FEMA we are serving as a guinea pig; reimbursement will be through new digital FEMA Grants Portal.

Matthew / Irene
Revisions made and submitted, still have @$300,000 on the table

Florence / Michael
FloMike hurricane projects remain stuck in EHP queue

Environmental and Historic Preservation (EHP) refers to FEMA’s review process for ensuring the protection and enhancement of environmental, historic, and cultural resources, as required by Federal environmental and historic preservation laws and Executive Orders. 

Dorian
Federal declaration was made for Hurricane Dorian that includes coastal communities in Brunswick County.
Town has estimated approximately $4.6mm for Cat G FEMA reimbursements. 

Engineered Beach
Holden Beach designation as an engineered beach means if there is a named storm event then we qualify for Category G FEMA reimbursements for replacing all the material that were lost during that event.

Good News – we have an engineered beach in the Central Reach Project area
Bad News – the rest of the beach strand is not part of the engineered beach

What that means to us –
We are only eligible for reimbursement for the sand lost in the CRP area

Ocean Boulevard Crosswalks
Public works has been investigating crosswalks and it appears they are not allowed on streets where the speed limit is greater than 35MPH without signals. 

Holden Beach Bridge Repairs
The work on the bridge will not be finished until at least March of 2020 due to the decorative guard rail we selected.
Contract was awarded October 29, 2018 with the completion date for the contract to be October1, 2019.

Brunswick Avenue West Paving
Paving should be completed before Memorial Day. 

Previously reported – October 2018
Project is for Brunswick Avenue West only. You read that right, from Rothschild to High Point is all we are talking about. If you have ever driven down the street, you know that settlement has occurred, and the pavement is wavy making for a roller coaster type ride. The game plan is to utilize wedging for the low areas and then a layer of asphalt over the top of the entire road. Discussion was whether to go all in or do a test segment. The approach they agreed to is to do the worst areas only in the first year. Engineers Preliminary Construction Cost Estimate $255,194. In 2015 the Board implemented a tax increase of $.010 that would generate approximately $115,000 annually for infrastructure, specifically street paving and maintenance. With no additional funds being allocated they could do a little less than half of the project in 2020.

WEDGE AND LEVEL
When the surface of a pavement is irregular, the surface is required to be brought to a uniform grade and cross section. A leveling course is used when the road surface is so irregular that the surface cannot be corrected with the normal leveling capabilities of the paver. Wedges of hot mix asphalt are used to level sags and depressions in an old pavement prior to the paving operation.

Lift Station #3
Lift Station #3 is progressing, and completion is expected in late fall of 2020. 

Upcoming Town Sponsored Events
SEARCH 5K –                October 19th
Boo at the Beach –       October 19th
Festival by the Se –      October 26th & 27th
Veteran’s Luncheon – November 8th

New Town Attorney
Town staff meeting with him this week


15. Mayor’s Comments
Alan reminded everyone that Hurricane Hazel hit us on this date in 1954.
He was thankful that we made it through another hurricane season. 

Mayor Holden received and read an anonymous letter about the Town’s auditor Rives & Associates alleging fraud and pending lawsuits which he asked to be entered into the minutes and also asked that the BOC’s members be provided a copy.  The bombshell letter references Lou’s Views as the source of information that the firm was selected, and which Commissioners voted for that auditor.  This is another election campaign false narrative. What they neglected to say is that this did not come up during the selection process, the audit committee recommended that firm and the Commissioners that voted no did so based on past performance and cost. In general, Rives & Associates is a well-known and respected firm. It appears that they have their firm set up with what looks like separate “franchises” and the one from Raleigh that we are using is not involved in any litigation – other than being a “franchise” of the firm.  In other words, it has nothing to do with them.

A Special Meeting has been scheduled to address the issue

Let’s be clear about this, the lawsuits are not against the firm we hired but rather other franchises. This is a red herring designed to make some of the Commissioners look bad. Let’s put this in perspective, it’s like saying that if a Re/Max anywhere in the state is involved in litigation then we shouldn’t do business with the Re/Max at the beach.

Sheesh!


BOC’s Special Meeting 10/29/19

Board of Commissioners’ Agenda Packet » click here

Audio Recording » click here NA

1. Executive Session Pursuant to North Carolina General Statute 143-318.11(a)(3)

2. Town Attorney Report with Respect to Allegations of Fraud and Professional Misconduct by the Town’s Auditor, Rives and Associates, LLP, Raised by Mayor Holden at October 15, 2019 Regular Meeting of the BOC and in Subsequent Public Statements (the “Fraud Allegations”) – Commissioners Butler & Freer

3. Discussion and Possible Action with Respect to Public Release of Town Attorney Report and Related Materials – Commissioners Butler and Freer

4. Public Comment with Respect to Special Meeting Agenda Items

5. Discussion and Determination with Respect to the Creditability of and/ or Possible Further Action Required with Respect to the Fraud Allegations – Commissioner Butler

6. Discussion and Possible Action Directing the Audit Committee (or a subcommittee of the Audit Committee) to: (i) Review the Sources of the Fraud Allegations and Report to the BOC; (ii) Recommend Any Appropriate Sanctions; and (iii) Recommend Remedial Policies or Procedures with Respect to Obstruction, Interference or Non-Cooperation in Connection with Audits, Investigations or Reviews of the Town’s Financial Affairs – Commissioner Freer


Agenda Packet –

September 26,2019

Town of Holden Beach
110 Rothschild Street
Holden Beach, NC 28462
Attn: Mayor J. Alan Holden

Dear Mayor Holden,

After reading Lou’s Views, regarding the selection of an External Audit Firm, I am writing as a concerned citizen. If you conduct an Internet search for “Rives & Associates, LLC Law suits”, here are a few examples of what was revealed: their firm was found guilty of fraud by PCTEL, sued by former partners, and scheduled to go to trial in December 2019 for dishonest business practices.

An external audit conducted by Rives & Associates would not be viewed with credibility, due to the number of law suits and dishonest business practices listed.  

According to Lou’s Views the vote was: A decision was made- Approved (3 – 2)

Commissioners Kwiatkowski and Sullivan both voted against retaining Rives as our auditor.

I’m certain the Commissioners that approved retaining Rives & Associates LLC as the External Audit Firm are apparently unaware. Please share the information with the Commissioners and reconsider.

Thank you very much,


Peter Freer /  Joe Butler
Town of Holden Beach Board of Commissioners

October 22, 2019

Subject:  Special Meeting of the Board of Commissioners – Request for You to Attend

Dear Mr. Richardson:

As you are aware, last Tuesday evening, October 15, 2019, at the end of the Town of Holden Beach Board of Commissioners Meeting, Mayor Alan Holden read an anonymous letter that he received by mail in his capacity as Mayor. Although he proposed to introduce the letter into the minutes of the meeting, he did not provide a copy to you or any of the Commissioners. We requested a copy from the Town Clerk and received it today.

The anonymous letter states that the accounting firm of Rives & Associates, the Town’s Auditor has “been found guilty of fraud by PCTEL [SIC], sued by former partners, and scheduled to go to trial in December 2019 for dishonest business practices.”

The subject matter was introduced under the Mayor’s Comments at the end of the meeting and was therefore not subject to debate. The Mayor did not provide copies in advance, even though  the  letter is dated September  26,     It  seems apparent that the purpose of the Mayor’s statement and the introduction of his “anonymous  poison pen letter” was to  discredit  the  reputation  of  the Town’s auditor and three of the Commissioners currently standing for re-election, Butler, Fletcher  and  Freer.   It is expected that the audit will again find a Material Weakness and a Significant Deficiency.

Inappropriate conduct and political considerations aside, we believe that the Mayor’s accusations must be taken very seriously and must be fully investigated as expeditiously as possible. When he read from this letter, he was clearly doing so in his official capacity as Mayor during the conduct of a Regular Meeting of the Board of Commissioners. The allegations read by the Mayor are on their face libelous and defamatory of a professional firm whose business depends largely upon its reputation for professional and fiduciary propriety.  Since the Mayor claims the letter is anonymous and he does not know the author or source he endorsed its contents with the full weight of his office, as Mayor.

While the underlying facts are still not completely known, it appears that the allegations were false.

We propose to schedule a Special Meeting of the BOC for the earliest feasible date and time to review and, if appropriate, take action with respect to this matter.

Your presence as Town Attorney at this meeting is, of course, essential. We are writing to determine your availability before we call for the Special Meeting. Given the time sensitivity, and the fact that the Mayor continues to repeat these allegations in public, this is a matter of urgency. Please let us know by reply email your earliest availability.

So that you may be more fully prepared for the meeting, we are attaching a copy of the letter read by the Mayor. We think it would be very helpful if you could review the Mayor’s statements and be prepared to advise the BOC as to the status of any claims made or criminal or civil cases pending against our auditor. At a minimum please check with the LGC as they approve our Audit contract as well as the final audit. Please also be prepared to advise the BOC with  respect to appropriate   actions  to   protect   the  Town,  both   in  the  event  that  Rives & Associates is, in fact, guilty of fraud and professional misconduct as the Mayor has claimed, or in the event that the Mayor’s claims are unfounded and/or  libelous.

Finally, we believe it is important that as Town Attorney  you contact the Mayor immediately  and take custody of the  original letter  and any related  emails or other  documents; these are, of  course, public  records  delivered  to  him  in his official capacity — not correspondence of  Mr. Holden’s in his private capacity. Given questions that have already been raised about this letter, its authenticity and the Town’s potential liability, it is critical that we preserve all relevant evidence.

Thank you for your prompt attention to this matter. Please advise us of the dates and times you would be available by reply email. If you should have any questions or require additional information, please feel free to call either of us.

Respectfully,

Commissioner Peter Freer, Executive Secretary
Commissioner Joe Butler


10/16/19

CPA Verify Firm Report Results

NAME:
RIVES & ASSOCIATES, LLP

STATE OF LICENSE:
NC

LAST UPDATED:
2019·10·16

Business:
RIVES & ASSOCIATES, LLP

Address:
4515 FALLS OF NEUSE ROAD STE 450

RALEIGH, NC, USA 27609

License/Permit/Certificate Number:
31579

Registration Number:

License/Permit/Certificate Status:
ACTIVE

License/Certificate Status Details:
A person who possesses a North Carolina certificate of qualification and who has not otherwise been granted Retired, Inactive, or Conditional status.

License Type:
CPA FIRM CERTIFICATE

License Type details:

Basis for License:
Entity created by CPA’s for the practice of public accounting.

Issue Date:
2008 11-19

Expiration Date:
2019 12·31

Enforcement, Non-Compliance or Disciplinary Actions:
None Reported To This Site By The Board


General Comments –

Disappointed with some of the Commissioners verbal attacks.
Not very civil, ugly from start to finish.
Apparently, the gloves are off …


The BOC’s Regular Meeting is scheduled on the third Tuesday of the month, November 19th

General Election 2019 – Tuesday, November 5th

  • Encourage everyone to vote
  • Remember it’s a right and a privilege to be able to do so
  • Polling place location is at the HB EOC Building, 1044 Sabbath Home Rd., SupplyFor more information visit The North Carolina State Board of Elections web site
    Read more » click here   

Elected officials have significant impact on our daily lives. As a matter of principle, we would want everyone to vote, and to do so in an informed and reasoned way. Remember it’s a right and a privilege to be able to do so.

            Be a Voter – Your Vote Matters!


Hurricane #1 - CR

 

Hurricane Season
For more information » click here

Be prepared – have a plan!

.


No matter what a storm outlook is for a given year,
vigilance and preparedness is urged.


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HBPOIN – Lou’s Views
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.          • Grass roots monthly newsletter since 2008

https://lousviews.com/