02 – Town Meeting

Lou’s Views

“Unofficial” Minutes & Comments


BOC’s Regular Meeting 02/11/20

Board of Commissioners’ Agenda Packet click here

Audio Recording » click here


1. Police Report – Chief Jeremy Dixon

Police Patch
No news is good news
So far so good, it’s been fairly quiet
We are not experiencing any major crime wave at the moment
.


Reminder that we all serve as the eyes and ears for law enforcement.

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


Neighborhood Watch

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

Crime prevention 101Don’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


2. Discussion and Possible Action on Ordinance for Maximum House Size Construction – Inspections Director Evans

Agenda Packet –
The Board directed  Inspections Director Evans to prepare an ordinance around his description for house size  limitation and provide it to the attorney  before it was presented  to the Board for review. Attorney Carpenter has advised me that she does not have any concerns with the ordinance prepared by Inspections Director Evans. It is enclosed for your review.

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 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
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

Previously reported – October 2019
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.

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

Previously reported – January 2020
Agenda Packet –
Attached is a presentation provided by Inspections Director Evans at a previous meeting. Based on the presentation, the Board directed him to prepare an ordinance around his description for house size limitation and provide it to the attorney before it is presented to the Board for review. The item is on the agenda for the attorney to issue comments and guidance to the Board

Item was removed from the agenda yet again

Update –
We have been working on this issue for at least the last five (5) years. Timbo did not make slide presentation since he has made this same presentation numerous times already. The abridged version is simply that you can’t build as big a house that you could before. State statutes require that the governing board hold a public hearing prior to the adoption, amendment, or repeal of any ordinance regulating development. Therefore, it was decided to schedule a Public Hearing before the next Regular BOC’s meeting so they can adopt the Ordinance.

A decision was made – Approved unanimously


3. Discussion and Possible Direction on Removing the Designation and Responsibilities of Executive Secretary from Town Ordinances – Commissioner Kwiatkowski

Agenda Packet –
An Executive Secretary position with overarching control of meeting agendas is not necessary.

First, the duties of the executive secretary as detailed in Town Ordinance appear in conflict with how a special meeting is called, whereby any 2 commissioners, the mayor or the Mayor Pro Tem have the right to call the meeting (and define the agenda) with no input required from an additional commissioner. Second, the executive secretary is not the party collecting supporting materials or creating the ultimate agenda -those are done by the Town Clerk. If an individual Commissioner finds an item, he or she designated for a specific meeting does not appear on an agenda for reasons unknown, he or she should say so at the meeting and request it be added to the agenda. Third, all Board members, not only one, should equally receive the support of the Town Clerk and Town Manager and be able to receive legal interpretation from the Town Attorney as appropriate for items they place on the agenda.

While it may suit the Board of Commissioners to designate an individual Commissioner to be responsible for scheduling certain BOC activities and organizing the notes on certain topics, this can be done by Board agreement each year. If the Board prefers to have an individual Commissioner as a first contact for the Town Clerk on draft BOCM agenda questions, the Board can so specify.

Holden Beach Code of Ordinances
§30.05 MAYOR PRO TEMPORE.

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

Update –
Apparently, we are the only municipality that has this position. The position is not necessary, and things would run better without it. Patty recommended striking the position and removing it from §30.05. Once again, this was only just a discussion and no action was taken.

No decision was made – No action taken


4. Discussion and Possible Action on the Suggested Rules of Procedure for the Town of Holden Beach Board of Commissioners – Commissioner Kwiatkowski

Agenda Packet –
Way too large a document (@20 pages) and too many changes to include here

Previously reported – December 2019
Agenda Packet –
The Board of Commissioners is required to adopt Rules of Procedure per the Town’s Code of Ordinances, Section 30.19.

I have included the version currently being used. Another version. the Suggested Rules of Procedure for a City Council, by the School of Government has also been used in the past. A copy of this version is also included in your packets. If the Board chooses to adopt either version for the upcoming term, the entire rules can be adopted, or amendments may be made. I suggest the Board review the materials and adopt rules at the January meeting.

The Board is required to adopt some version of Rules of Procedure each year. Heather has given them two (2) options or they can create their own new version. Pat has volunteered to review current version and make recommendations of any necessary changes. This will be on the agenda again next month so that they can adopt rules as required.

A decision was made – Approved unanimously

Previously reported – January 2020
Decided to put off discussion until the February meeting giving the Board additional time to review all the changes.

No decision was made – No action taken

Update –
Despite the number of changes already submitted the Board made additional changes tonight. They decided to revise the document and put it on the agenda at the March meeting, giving the Board additional time to review all the changes.

A decision was made – Approved unanimously


5. Discussion Pertaining to the Speed Limit on Ocean Boulevard – Commissioner Sullivan

Agenda Packet –
Holden Beach Code of Ordinances / SCHEDULE I. SPEED LIMITS.

(A) The streets or parts of streets described in this traffic schedule shall have the speed limits designated in the following table.

(B) In accordance with division (A) of this traffic schedule, the following speed limits shall be established for the following streets or parts of streets:

Name of StreetSpeed Limit (mph)Seasonal

Limitations

S.R. 1116 (Ocean Boulevard, East and West), from its western terminus to its eastern terminus35April 1 – September 30 (inclusive)
S.R. 1116 from a point 1.76 miles west of NC 130 (Greensboro Street) to a point 5.01 miles west of NC 130 (west end of road).45October 1 – March 31 (inclusive each year)
Delanne Street15
Dunescape Drive15
Serenity Lane15
Windswept Way15
All other streets25
And all other streets within the Holden

Beach West Subdivision

25No seasonal limitations

Proposal is to reduce speed limit on OBW to 35 miles per hour year-round

Previously reported – January 2020

Police Chief Dixon had four (4) talking points
.  1.
Accident death rate goes from 45% to 85% when speed is increased by 10mph
.  2.
Stopping distance increases by 79 feet when speed is increased by 10mph
.  3.
Time difference from general store to west end gate is just over 1 minute with change
4.
Lower speed limit allows golf carts and installation of crosswalks

Timbo said that the town currently has identified four (4) authorized areas that meet the established criteria for crosswalks if we maintain the lower speed limit year-round. Jeremy was a little sheepish when asked if we had any issues with the higher speed limit because the answer was, we have not. That said, the four talking points are fairly persuasive. It was just the first round of discussion and the Board agreed they need to get more community input. Interestingly the HBPOA 2019 survey question on this had a very strong response of almost 80% for keeping the 45mph speed limit in the off season.

No decision was made – No action taken

Update –
John Plumridge made appeal again, at the Public Comments section of the meeting, in favor of keeping OBW at 35mph year-round. His case is plain and simple, we need to take reasonable precautions to safeguard pedestrians. Despite the talking points presented the community still does not appear to be convinced about making the change. The Board hedged their bets, seeking additional public input since it is pretty much a split decision right now. If I were a betting man, I would put my money on them putting safety over mobility.

No decision was made – No action taken

The people that spoke at the last meeting said cars are speeding, well the speed limit is 45mph now, what do you think will change if it’s 35mph? Despite the persuasive talking points, it really doesn’t matter what speed limit is posted, the issue is people speed and the police don’t issue tickets. When was the last time that you saw a vehicle being pulled over?

Frankly the golf carts are a hazard and the situation appears to be getting worse

    • Underage drivers / The driver MUST have a current, valid Driver’s License
    • Don’t use seatbelts / People hanging off / Child Restraint Laws must be followed
    • Noncompliance state law / State Inspection Sticker / License Plate Issued by NCDMV
    • Slow moving blocking traffic
    • Park illegally

Four crosswalks are not going to have a significant impact. We currently have twenty-four (24) public beach access points that all should have crosswalks. We do have a crosswalk at Jordan Boulevard, and I can tell you that drivers do not stop and let people cross there now.

Editor’s Note –
The Police Department do not have the adequate resources to meet our needs. When we benchmark off of the surrounding beach communities, we are grossly understaffed particularly during tourist season. The Town of Holden Beach has @600 permanent residents and employs eight (8) full-time officers and zero (0) part time officers. By contrast, The Town of Ocean Isle Beach has @600 permanent residents and employs thirteen (13) full-time officers and ten (10) to fifteen (15) part-time officers during the season on beach patrol. The Police in order to be effective need to have high visibility with an increased presence, especially during prime tourist season, to enforce ordinances and to ensure the public safety.

Trying to change speed limits in your neighborhood?
It’s not as easy as you might think
The NCDOT utilizes what is known as the 85th percentile speed to help guide and set speed limits. Essentially this is the average speed that 85% of drivers are traveling on a road under free-flowing conditions, regardless of the speed limit. “We usually rely on that [85th percentile] pretty heavily because typically people will drive a road at a speed they feel comfortable, regardless of the signage unless there is strict enforcement,” Leonard said. The 85th percentile tool was cited as the reason why the NCDOT was not in favor of lowering the speed limit on Dow Road in Carolina Beach when it was requested by the town. Essentially, the state said that since the lowering of the speed limit would likely not be followed it did not support the change. If the 85th percentile speed is faster than the posted speed limit the NCDOT suggests strict enforcement to get compliance.
Read more » click here


6. Discussion and Possible Action on a Request to the Parks and Recreation Advisory Board for a Recommendation of Possible Uses for 796 Ocean Boulevard West Property – Commissioner Kwiatkowski

Agenda Packet –
Directive to:
Parks and Recreation Board

Issue  and Action  Requested:
The Town purchased 796 OBW, the property next to Sewer Pump Station 3, primarily as a solution for decibel concerns due to proximity. Various potential uses for the property were discussed, including possibilities for public use. It was agreed to defer any decision on the best use of the building to 2020, when a proper plan of action would be determined. With potential public uses of the building in the mix, Parks and Rec is appropriate to lead this effort. Parks and Rec is asked to seek input and recommend possible uses for 796 OBW.

Background and Potential Implications:
When the Town purchased 796 OBW, a number of possible uses for the building were identified as potentially viable, some involving staff use and some public use. Instead of exploring costs for all possibilities, it was decided to defer further evaluation until 2020, when input could be sought and a “short list” of possible uses defined before examining re-modelling and re-zoning implications. Without  a  pre-screen,  internal time  and  money could  be  wasted  on evaluating facility uses that are not of interest to either staff or our property owners or simply not possible given the nature of the location and/or structure.

Charge Questions:
1. What uses do our residents and property owners envision and prefer?
2. What uses does Town staff envision and prefer?
3. Does proximity of the pumping station impact the viability of the envisioned use?
4. Does proximity to neighboring properties impact the viability of the envisioned use?
5.
Is parking going to be adequate for the envisioned use?
6.
What other possible upsides or downsides might be associated with the envisioned use?
7. Will it be possible to request grant money to  help defer remodeling and/or maintenance costs for the envisioned use?

Proposed Deadline:
September 2020 BOCM

Previously reported – September 2019
Ordinance 19-15, The Revenues and Appropriations Ordinance (#3)

    • Provide funds for purchase of property at 796 OBW – approved $349,000
    • A significant portion of the cost of acquiring this property is offset by us no longer needing to do additional acoustical engineering.

Previously reported – January 2020
We need to determine what we will do with the building. The first step is deciding how you want to use the property. Pat’s position is that we need to keep building because of noise abatement issues. Board wanted to hand this off to the Parks & Recreation Committee for them to develop some potential uses. Town Manager basically said “No Can Do” as he reminded them that they just established protocols and that they need to submit a request per Resolution 20-01 passed tonight. Touché!

No decision was made – No action taken

Basically, we have two options:
1.
Convert the house into some undetermined community facility
2.
Sell and move the house off the property

Poor optics: Are we to understand that they didn’t have a plan when we purchased this property? It was my understanding that the building was going to be removed creating more space between the sewer station and residential properties. Property is not zoned commercial so for starters getting it changed from a residential zone to a commercial zone will take both time and money. Besides that we would have a huge expense to convert the house into a public facility, in order to comply with Americans with Disabilities Act, we will have ongoing expenses for housekeeping, maintenance, utilities and security issues. Let’s cut our losses and sell the house and have it moved off the property.

Update –
Most of the discussion was over what the next step should be. It can be characterized as: which comes first the chicken or the egg? The choice between sending it to Parks & Rec Board or sending it to Timbo in Planning & Inspections Department. Between us, this is the same exact discussion we had last month but here we are again. By sending it to the Planning Department first the thinking is that it will help to narrow down the parameters of what we can do there. Once we know what we can do then we can discuss what we would prefer to do. Consensus was to send it to Timbo now and hold off on tasking Parks & Rec Board.

A decision was made – Approved (4-1)

Tax records has the building value at $186,710
50% rule means that the most you can spend renovating is $93,355

Gerald objected to even asking Timbo because he only sees us incurring big expenses by utilizing the building structure.


7. Discussion and Possible Action on a Request to the Inlet and Beach Protection Board for a Suitable Document on Protecting our Dunes for Owners and Visitors and Recommendation of Best Ways to Disseminate the Information – Commissioner Kwiatkowski

Agenda Packet –
Directive to:
Inlet Beach Protection Board (IBPB)

Issue  and Action  Requested:
Stay off the dunes warning signs do not provide information on why the dune system is important for environmental and economic reasons, or how human behaviors can damage the dunes. Without a better understanding of the importance and fragility of dune systems, owners and visitors may not realize how some of their behaviors can damage dunes. The IBPB should recommend a 1 pager detailing the importance of maintaining dunes and potential negative implications of some of the owner and visitor behaviors that are frequently observed, also restating (not threatening) the legal consequences of not obeying the signs. The IBPB should also recommend ways the message can best be delivered to owners and visitors.

Background and  Potential  Implications:
Residents often see examples of  visitor behaviors damaging to dunes. It is likely the visitors don’t realize the potential harm of their actions. Signs stating stay off the dunes and showing the penalty of not complying do not help educate owners and visitors on why the dune system is critical and how their behaviors can cause harm. Until there is better understanding, behaviors wont change.

Charge Questions:
1.
What publications/public information support the 1 pager?
2. Is the information consistent with state and local law/regulation?

Proposed Deadline:
May  2020 BOCM

Update –
No discussion was necessary

A decision was made – Approved unanimously


8. Discussion and Possible Decision on Solicitation for Audit Services for the Fiscal Year 2019 – 2020 Audit – Commissioner Tyner

Agenda Packet –
Motion:
Board of Commissioners directs the Town Manager to solicit bids for audit services for the 2019-2020  audit. The solicitation for bids should be distributed on February 14, 2020 and responses should be due by February 28, 2020.

Issue:
Solicitation of bids request for proposals for Audit Services

Request to:
Town Manager

Motion:
Board of Commissioners request the Town Manager solicit bids for audit services for the fiscal year 2019-2020 audit.

Action Requested:
Distribute proposal and solicit bids  for audit services for fiscal year 2019-2020 audit.

Proposed Deadline:
Distribute Request  for Proposal for  Audit Services  by February 14,2020 and set a deadline of February 28, 2020 for responses

Update –
§30.26 AUDIT COMMITTEE OF THE BOC.
   (B)   Powers and duties. The Audit Committee shall:
            (3)   Recommend to the BOC’s the selection of the independent external audit firm to conduct the annual external audit;

It is the Audit Committees responsibility to make the recommendation for an audit firm. However, it is the BOC’s that ultimately make the decision in selecting the audit firm. Town Manager stressed that fewer firms want to do municipal audits so we should have a sense of urgency about finding someone quickly.

A decision was made – Approved unanimously

Editor’s Note –
Previously reported – November 2019
Presentation of Fiscal Year 2018 – 2019 Audit Results
– Jay Sharpe, Rives and Associates
The auditor the last two years has been Rives & Associates, with Jay Sharpe in charge of our audit.

Local CPA firm owners dispute lawsuit filed by partners
Jay Sharpe, a former partner of Rives and Associates who operated the Raleigh office, and Aaron Patel, former partner from the Charlotte office, filed a court case with the Wake County Superior Court on Feb. 4 claiming a variety of charges against Leon Rives and his father, including misuse of company funds; inappropriate conduct; withholding of information and making decisions on the firm’s behalf without the input of other partners, among other charges.
Read more » click here


9. Discussion and Possible Action on a Request to the Audit Committee for a Recommendation of the Process for Selecting an Audit Firm and Recommendation of the Audit Firm to Perform the Audit of Financial Statements for the Year Ending June 30, 2020– Commissioner Kwiatkowski

Agenda Packet –
Directive to:
Audit Committee

Issue and Action Requested:
Audit Committee recommendations made to the BOC of the firm to conduct the annual audit of the Town’s financial statements have not traditionally included much detail on the Audit Committee’s decision. An Audit Firm Selection Process should be developed and applied to select the recommended firm for the audit of the year ending June 30, 2020, with a presentation made to the BOC.

Background and Potential Implications:
Each year the Audit Committee recommends a firm to the BOC to conduct the annual audit of the Towns financial statements. Without a formal process, the recommended firm may not in the end be the best selection. Following a process including selection criteria to identify the best firm should enable a transparent, qualification-based evaluation of each firm and simplify the final selection.

Charge Questions:
None

Proposed Deadline:
March 17, 2020 BOCM for both the process/selection criteria and recommendation of the audit firm, with justification according to the new process.

Update –
Patty wants the Audit Committee to provide the Board with a description of the process as well as selection recommendation. Woody who is the Chair of the Committee basically said that he had no problem with the request.
He worked in banking, where they evaluated vendors based on a set criterion and utilized a scorecard which he planned to do here in selecting an audit firm.

A decision was made – Approved unanimously


10. Discussion and Possible Action on Setting the Budget Meeting Schedule for the Creation of the 2020/2021 Budget – Commissioner Kwiatkowski

Agenda Packet – background information not provided

Update –
Patty said that they need to get started. They agreed to just four (4) meetings but still need to determine when they will be held. They also agreed for them to send Heather a calendar of their availability so she can schedule the meetings. The first meeting has traditionally been to determine objectives. Meanwhile nothing is scheduled yet.

A decision was made – Approved unanimously

Budget Timeline

      1. January           BOC’s Workshop Goals & Objectives / Capital Programs
      2. February         Canal Working Group
      3. February         Input from Town Boards / Committees
      4. February         Town Departments Input to Manager
      5. March             Workshop Review Revenue & Expenses
      6. April                Draft Budget Message
      7. April                BOC’s Workshop – adjustments as needed
      8. May                 Budget Message
      9. June                 Public Hearing
      10. June                 Regular BOC’s Meeting Adopt Budget
      11. June                 Budget adopted no later than June 30th

The Town Manager is charged with establishing an actual schedule based on everyone’s availability. Once again, the goal is to avoid the annual rush at the end to get things done. In previous years we started the budget process in January. The Board is still not really working on the budget until the eleventh hour. I am disappointed that we are just now tentatively beginning to  establish the budget meeting schedule. The budget process has been an abject disappointment so far. 


11. Discussion and Possible Action to Begin the Town Manager Appraisal Process in a Closed Session at the End of the First Budget Meeting – Commissioner Kwiatkowski

Agenda Packet – background information not provided

Update –
Patty requested that we try to do this properly and would like to start the process at the first budget meeting. This way they do not need to schedule a separate Special Meeting.

A decision was made – Approved unanimously


12. Discussion and Possible Action on Encroachment Agreement Between the Town and Tom Womble – Town Clerk Finnell

Agenda Packet –
Tom Womble has requested to encroach upon Hillside Drive, which is under the dunes, for the purpose of constructing   a  walkway  to  cross  the  dunes  and  gain  access  to  the  beach.  He  needs  to  have  an encroachment agreement in place before a permit can be issued. The attached agreement is the standard form the Town has utilized in the past.

Previously reported – March 2017
Hillside Drive no longer exists and lies below / underneath the dune pictured
Property owner requested easement for walkway across the dunes
Right is not transferable that’s why we have to do this with each new owner
Walkway would encroach on the public right-of-way owned by the Town
Town policy has been to control access
W
e have approved this action several times before
Action would be consistent with what we have done for others
Staff recommends approval

Update –
Standard practice David recommended approval

A decision was made – Approved unanimously


13. Discussion on Revising, Section 72.02 (K) Parking Regulated on Public Streets and Rights-of-Way – Commissioner Sullivan

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 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, 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!


Previously reported – October 2019
§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.

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.

Previously reported – January 2020 
Item was removed from the agenda yet again

Update
This is NOT even on the agenda tonight despite being told it would be


Land the plane already!
.
.
It was the original intent of the Board to prohibit parking only in the nine municipal areas between the hours of 2:00a
.m.- 5:00a.m. 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.


  1. 14. Town Manager’s Report

IHA
Submitted Town’s positions to the Coastal Resource Commission (CRC)
ATM our coastal consulting engineer provided a technical memo to support our position
Timbo & Rhonda are attending another CRC meeting

Town Website
Inlet Hazard Area Comment: 
The N.C. Coastal Resource Commission extended the public comment period until March 2nd for proposed rulemaking intended to update Inland Hazard Area boundaries and associated development rules. The proposed rules and related documents are available on the DEQ website. The Town has submitted a letter in opposition of the proposed update. Click here to see the letter. Applied Technology & Management, the Town’s consulting coastal engineer also provided comments. Click here to view the letter. It is important that individuals take the time to familiarize themselves on the topic and submit their own letters.  

For more information » click here

Personnel
We have advertised for the vacant Budget and Fiscal Analyst position

Lift Station #3
Lift Station #3 is progressing as follows:
Advertise for Bids         10/24/19          done
Mandatory Pre-Bids     12/10/19          done
Receive Bids                   12/19/19          done
Contract Award             01/21/20         done
Construction Start        03/23/20
Closeout                          12/31/20

FEMA / Storm Events

Matthew / Irene
Revisions made and submitted, still had @$300,000 on the table
Received $177,438 possibly the final reimbursement payment for Irene
Still waiting on final reimbursement payment for Matthew

Florence / Michael
FloMike hurricane project funds have been awarded
Florence – federal and state $15,861,220
Michael – federal and state $8,547,505
FloMike total Cat G beach nourishment funding is $24,408,725
Town staff is working daily through new digital FEMA Grants Portal
We are on our 6th Project Manager, which is like a new one every nine (9) weeks

Dorian
Federal declaration was made for Hurricane Dorian that includes coastal communities in Brunswick County. Town has estimated approximately $4.5mm for Cat G FEMA reimbursements. We spent $25,400 for surveying and engineering services to meet the Dorian depth of closure requirement. Based on recent analysis it is now estimated at approximately $12mm for Cat G FEMA reimbursements. At the IBPB meeting this week, they said that the new estimate is now closer to $15mm for Cat G FEMA reimbursements.

Update –
Total Cat G beach nourishment funding is now close to $40mm

He will be preparing a budget amendment to set expenses and process revenue reimbursements. They have met with Local Government Commission in anticipation of short-term financing needs of this project. The best guestimate of project start date is the winter of 2021.

Beach Nourishment
Previously reported – January 2020
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 can submit for permit modification. Offshore investigation is moving forward expecting that it will be completed soon.

Update –
Surveyor left for another opportunity, so we had to source a second surveyor
Work should be completed by the end of February
We need to submit permit revisions by the end of April

Spoil Area
Dog park was utilized for canal dredging spoil site. We did some site ditching prior to Hurricane Dorian storm event to facilitate draining of the pond.

Intent is to reestablish pre-dredge capabilities which in order of priority are as follows:

      1. Permitted primary disaster debris management area
      2. Public Works lay down yard
      3. Dog Park

Must maintain compliance with environmental permit and monitoring
Safety is the priority for this site, at present it is not ready for use

Update –
Second site ditching was completed recently
Ground is still wet and is not ready for use yet

Bend Widener Navigation Maintenance Project
The LWF inlet crossing maintenance project is underway with dredging operations by Goodloe Marine. Shore pipe is in place on the beach with placement of beach compatible sand by Dunescape entrance and will continue moving west. Expect operations to be completed this week. Once demobilization is completed sand fencing and vegetation will be put in there.

Upcoming Town Sponsored Events

Anniversary
Town’s 51st Birthday Celebration and closing of the time capsule is this Friday, February 14th at noon.

Run for the Arts 5K
The Town and Brunswick Arts Council will cosponsor a 5K race; the event is scheduled on Saturday, March 14th.
During the event participants and their guests can paint by numbers a professionally designed mural on the Bridgeview Park restroom.


15. Executive Session Pursuant to N.C.G.S. 143-318.11(a)(1) to Approve Executive Session Minutes (Commissioner Kwiatkowski) and N.C.G.S. 143-318.11(a)(3) to Consult with the Attorney (Commissioner Sullivan)

No decision was made – No action taken


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

Agenda Packet –
January IBPB Meeting Update

The Inlet and Beach Protection Board (IBPS} met January 23 and the following issues and topics were discussed and addressed:

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.  A copy of the Assistant Town Manager’s Report to the IBPB is attached.

Other Updates:

    • “Keep Off the Dunes” signs, which were approved in the adopted budget have arrived and are pending installation.
    • Member Pearson distributed a memo on the Christmas Tree Project. Over 400 trees were placed along the sand fence on the East End and in the 800 Block with help from the Girl Scouts, Boy Scouts and Coastal Transplants to help with dune building.

Meeting Updates:

    • Brunswick County Shoreline Protection: The IBPB was represented at the January meeting. The next meeting will be March 18, 2020.
    • The next IBPB meeting will be February 27, 2020.

Assistant Town Manager’s report to the IBPB:
Status of the Inlet and Beach

Sand Search
Southern winds and waves have not been favorable for completion of surveys. Surveyors need a 4-day window. Hoping to complete soon. ATM putting together other elements of the project in the meantime.

AIWW Inlet  Crossing Dredging Project
Project is moving along with work taking place near Blockade Runner as of yesterday. The project  is expected to continue to move west and last another 2-3 weeks. We would like to remind the public to avoid work zone areas donated with signs and orange fencing. Since this is a USACE navigation project, there is not a project requirement for sand fence and vegetation. The Holden Beach Renourishment Association will be sponsoring the installation of a portion of sand fence in the project  area and the Town will pick up the remainder.

UNCW
A graduate student has been hired by the university for the project.  They started obtaining satellite imagery from USACE. Shoreline and inlet digitization will begin shortly.

Florence/Michael
Town staff is working daily in the grants portal. Project worksheets are being reviewed for accuracy. We are now on our 6th project manager since we started this process. We will meet with FEMA and N.C. Dept. of Public Safety this afternoon.

Dorian
Fran completing analysis of additional survey transects that FEMA required. He has also completed his memo and cost estimate for the project as of yesterday. The cost estimate  is $14,914,698,with sand losses in the Central Reach area at 555,297 cubic yards.


General Comments –

Mayor Holden – was not in attendance

There were thirty-seven (37) members of the community in attendance
. • Average attendance at meetings for 2019 was twenty-four (24)

Scout Troop, both males and females, attended the meeting as part of the requirements to obtain a merit badge.

The BOC’s Regular Meeting is scheduled on the third Tuesday of the month, March 17th

Once again, it was The Patty Show which is an anomalous situation. It’s a one-woman show, of the Commissioners agenda items Patty had thirteen (13) of eighteen (18) or @72% of the agenda items.


Loose Ends –

      • Development Fees                                             June 2018
      • Waste Ordinance Enforcement Policy           January 2019
      • Fee Based Rollout of Containers                     January 2019
      • Commercial District                                         February 2019
      • Land Use Plan                                                   October 2019
      • Parking                                                               October 2019
      • Mega-Houses                                                     October 2019
      • Audit Remedial Policies & Procedures          November 2019

Budget Calendar –
Local governments must balance their budget by a combination of the following:
. 1.
Raising taxes
. 2.
Cutting spending
. 3.
Operating more efficiently

The Town Manager’s proposed budget is due by June 1st
Commissioners must adopt budget no later than June 30th for the next fiscal year

Adopting the annual budget is a primary responsibility of the Board.


BOC’s Special Meeting 02/13/20

Board of Commissioners’ Agenda Packet » click here NA

Audio Recording » click here NA

1. Discussion and Possible Action on Setting 2020 BOC’s Objectives

Previously reported – February 2019
These are the top critical issues that need to be addressed:

    1. Eastern Reach Deeper Wider Project
    2. President Trump approved disaster declaration that provides FEMA funds for Hurricane Michael
    3. Florence & Michael storm damage mitigation repair will be approximately twenty (20) million dollars
    4. Lift Station #3 Upgrade
    5. Land Use Plan
    6. Beach & Inlet Management Plan
    7. Solid Waste Service – implementation & enforcement
    8. Lobbying – advocacy engagement at legislative level

David reminded them of the dichotomy between what the Board is asking for and for it to be addressed in a meaningful way without additional tax revenue.

Previously reported – April 2019

Policies/procedures/resolutions
13        Address Ocean Blvd water retention issues

13        Improve Community Rating Score

Long Range Planning
12        Initiate Stage IT Sewer Pump Station Upgrade

12        Fully support IBPB and implement strategy
11        Make a decision on the second water tower
11        Approve and fund an appropriate near-term beach re-nourishment project
11        Review proposed Land Use Plan and approve an appropriate final document

Ordinances
15        Trash related decisions

13        Ensure clear enforcement procedures are in place as appropriate
12        Control of large homes

Advocacy
15        Promptly address any activity/support and funding requests that result from Poyner Spruill advocacy efforts for short- and long-term coordination with state, county and federal groups

15        Define sand fund strategies and supporting documents for starting various levels of government advocacy
15        Become more involved in coastal advocacy groups
14        Increase participation in NCLM to secure support on objectives most relevant to THB
12        Increase involvement in regional planning with other coastal communities

Additional Policies/Procedure/Resolutions Objectives
10        Prioritize Brunswick Avenue road repair

10        Cross train finance staff
10        Improve communication among alerted officials
10        Use pre and post beach sand data to conclude a crisis point
10        Establish a communication plan and website
10        Get more general public involvement


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