09 – Town Meeting

Lou’s Views

“Unofficial” Minutes & Comments


BOC’s Special Meeting 09/03/20

Board of Commissioners’ Agenda Packet » click here

Audio Recording » click here


1. Discussion and Possible Action on Ordinance 20-11, An Ordinance Amending the Holden Beach Code of Ordinances Title XV: Land Usage

Previously reported – August 2020
Public Hearing: To Hear Public Comments Regarding Amendments to The Holden Beach Code of Ordinances, Section 157 – Zoning Code (Ordinance 20-11)

Discussion and Possible Action on Ordinance 20-11, An Ordinance Amending the Holden Beach Code of Ordinance Title XV: Land Usage (Ordinance cannot be adopted until after 24 hours from the time of the public hearing) – Inspections Director Evans

Agenda Packet –
Ordinance 20-11,

An Ordinance Amending the Holden Beach Code of Ordinances, Title XV: Land Usage

As previously discussed, new regulations on remote meetings include a provision to allow public hearings to be held during an authorized remote meeting, but there is an added requirement for written public comment. A local board may conduct any public hearing required or authorized by law during a remote meeting, but the board must allow written comments on the subject of the public hearing to be submitted between publication of the notice and 24 hours after the public hearing.

The Town is not technically meeting remotely since the Board is in attendance at Town Hall, but since the public is not, we should abide by the new regulation. I recommend the Board recess to a date/time certain or wait until the next meeting to vote on the ordinance in order to accommodate this new regulation.

They just had the Public Hearing, so they can proceed with Ordinance adoption. Unable to approve tonight, they are required to wait twenty-four (24) hours after the Public Hearing

A decision was made –
Approved unanimously

Update –
Housekeeping item, clarification of Ordinances and Rules

A decision was made –
Approved unanimously

2. Discussion and Possible Approval of Amendment to the Southern Disaster Recovery Contract – Public Works Director Clemmons

Previously reported – August 2020
Agenda Packet –
The Town previously entered into a Multi-Jurisdictional Disaster Debris Management contract with Southern Disaster Recovery in 2019. It now appears that local landfills are nearing capacity as shown by the Brunswick County Landfill Disposal Efficiency Report (attached). The contractor may be required to haul debris for longer distances than covered by the terms of the original contract .

The Town will need to amend the original contract to accommodate the longer distance. The proposed amendment is attached.

Amendment to Contract
For more information » click here

Contractor wants to increase their charges because the local landfills are nearing capacity which will require the contractor to haul debris for longer distances than agreed to. Chris basically took the position that we do not have a lot of squiggle room and we need to accept the proposed contract. Commissioner Sullivan did not agree, he questioned whether the current contract has any provisions that allows them to make revisions to the contract. Commissioner Kwiatkowski inquired, what was the percentage of the rate increase? They agreed to have our attorney look at contract to determine our obligations.

No decision was made – No action taken

Update –
Adopted cubic yardage price, increase was not substantial enough to legally challenge it.

A decision was made – Approved unanimously

3. Discussion and Possible Approval of Constitution Week Proclamation

The Board of Commissioners approved a Proclamation declaring the week of September 17th – 23rd as Constitution Week. Click here to view the full text.

Constitution Week
Constitution week, September 17th through 23rd, commemorate the anniversary of the drafting of the Constitution. The United States Constitution stands as a testament to the tenacity of Americans throughout history to maintain their liberties, freedoms, and inalienable rights. The purpose of the observance week is to promote study and education about the constitution which was originally adopted by the American Congress of the Confederation on September 17, 1787.


BOC’s Special Meeting / Public Hearing 09/15/20

Board of Commissioners’ Agenda Packet » click here NA

Audio Recording » click here


1. Public Hearing: To Hear Public Comments Regarding Amendments to The Holden Beach Code of Ordinances, Section 157 – Zoning Code (Ordinance 20-04)

Agenda Packet – background information not provided

There were no comments


BOC’s Regular Meeting 09/15/20

Board of Commissioners’ Agenda Packet click here
Editor’s Note – agenda packet is 222 pages / Yikes!

Audio Recording » click here


1. Discussion and Possible Action on Ordinance 20-04, An Ordinance Amending the Holden Beach  Code of Ordinances, Chapter 157: Zoning Code (Ordinance cannot be adopted until after 24 hours  from the time of the public hearing) – Inspections Director Evans 

Agenda Packet –
As previously discussed, new regulations on remote meetings include a provision to allow public hearings to be held during an authorized remote meeting, but there is an added requirement for written public comment. A local board may conduct any public hearing required or authorized by law during a remote meeting, but the board must allow written comments on the subject of the public hearing to be submitted between publication of the notice and 24 hours after the public hearing.

The Town is not technically meeting remotely since the Board is in attendance at Town Hall, but since the public is not, we should abide by the new regulation . I recommend the Board wait until the next meeting to vote on the ordinance in order to accommodate this new regulation.

Previously reported – February 2020
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.

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 developmentTherefore, 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

Previously reported – July 2020
Proposed Ordinance » click here

They didn’t make a decision at this meeting because they needed clarification regarding square footage verbiage, otherwise we are good to go. Request was made for Inspections Director Evans to bring back to the Board at the next Regular Meeting.

No decision was made – No action taken

Previously reported – August 2020
Ordinance  20-04,  An  Ordinance  Amending  the  Holden  Beach  Code  of  Ordinances, Chapter 157: Zoning Code

At the July Board of Commissioners’ meeting, Inspections Director Evans agreed to report back to the Board at the August meeting with his suggestion on final language for Ordinance 20-04. He will provide information for the Board’s discussion at the meeting. Before the ordinance can be approved, a public hearing would need to be scheduled.

Timbo clarified that square feet by definition should read gross floor area. He also pointed out that the proposed changes to the Inlet Hazard Areas by the Coastal Resource Commission (CRC) made clear their intention to restrict dwellings to a maximum structure of 5,000 square feet. Request was made for Inspections Director Evans bring a final version with the changes that they discussed to the next Regular Meeting.

A decision was made – Approved unanimously

 Update –
Timbo introduced the  big house issue again, which has been presented numerous times already, changes were made, and a final version is ready to go. Since the Ordinance cannot be adopted until after 24 hours  from the time of the Public Hearing they plan to recess at the end of meeting and reconvene Friday at 11:00am.


2. Discussion and Possible Approval of Contract Between the Town and Raftelis (System Development  Fee Study) – Town Manager Hewett  

Agenda Packet –
At the August Board of Commissioners meeting, the Board selected Raftelis to complete a System Development Fee Study. Raftelis has provided an Engagement Letter (Attachment I ) for the Board’s review.

Raftelis Financial Consultants, Inc. (Raftelis) is pleased to submit this engagement letter to the Town of Holden Beach (Town) to perform a water and sewer system development fee study. Raftelis is providing this engagement letter to the Town to provide assistance with developing cost-justified water and sewer system development fees using methodologies consistent with the methodology described in HB 436.

Project Scope

Methodology

      1. Buy-In Approach
      2. Marginal Incremental Approach
      3. Combined/Hybrid Approach

Tasks

      1. Task 1:Project Management and Administration
      2. Task 2: Data Collection and Review
      3. Task 3:Data Analysis and Model Development
      4. Task 4: Preparation of Report and Presentation of Study Results

Project Staffing and Fees
We propose to complete the scope of work outlined above for fees and expenses not-to-exceed $
23,858.

Previously reported – August 2020

Agenda Packet –
The Town solicited proposals from qualified professionals to update our Water & Sewer System Development Fee Analysis. Two firms submitted proposals: The Wooten Company, an engineering firm and Raftelis, financial professionals. The proposals are included in theBoard’s packets for your review. Staff seeks guidance on the Board’s preferred firm.

System Development Fee Study – Proposal 1 / Raftelis
For more information » click here

Request was for qualifications only, that is why there is no cost in their proposals. Brief discussion, consensus was this was more of a financial rather than an engineering issue. Board directed the Town Manager to proceed to get a proposed contract from Raftelis the financial firm that responded.

A decision was made – Approved unanimously

Update –
Engagement letter was included in agenda packet for their review and consideration. Just three years later, the cost to do the study has more than doubled. That said, they decided they need to redo study to establish appropriate cost justified fees. Financial firm Raftelis contract was approved.

A decision was made – Approved unanimously


3. Report and Possible Action on Speed Limit on Ocean Boulevard – Chief Dixon (Commissioner  Sullivan) 

Agenda Packet –
Chief  Dixon  will  provide  information  on  his  conversations  with  the  Department  of  Transportation regarding the speed limit on Ocean Boulevard .

Previously reported – January 2020
Proposal is to reduce speed limit on OBW to 35 miles per hour year-round
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

Previously reported – February 2020
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.

Previously reported – July 2020
Request: Direct Town Clerk to prepare a draft ordinance to modify the existing Town of Holden Beach speed limit ordinance to set the speed limit west of the Holden Beach pier to 35 mph year-round.

Police Chief Jeremy Dixon
Per your request, I have further researched NC General Statutes and the latest NC Traffic Ordinance Manual (NCDOT); below are my findings.

NCGS 20-141regulates speed restrictions on NC roadways. The most important subsections for our purposes are 20-141(b)(1) and 20-141(f).Subsection 81states that it shall be unlawful to operate a vehicle in excess of 35 MPH inside of municipal corporate limits. Subsect ion F states that local authorities may only increase the 35 MPH limitations upon the basis of a traffic and engineering study, and when a reasonable and safe limit has been determined from such engineering and traffic investigation.

The NC Department of Transportation’s Traffic Ordinance Manual also provides a lot of useful information. Chapter 3, section 24 provides guidance on “seasonal” speed limits. According to this manual, seasonal speed limits are designed to REDUCE speeds during peak or primary seasons and provide no guidance for increasing speeds during the off-season.

An increase to 45 MPH actually falls back to NCGS 20·141(f), since the 35 MPH municipal speed limit has already been established and would again require a traffic study.

In summary, during my reading I find that NC law has been established to regulate municipal speed limits to a maximum of 35 MPH. With this, Holden Beach should not be increasing the speed limit on Ocean Blvd to 45 MPH without first conducting a traffic and engineering study. I also find that seasonal speed limits are designed to reduce the speed limit during peak seasons and are not designed to be used to increase speeds during the off-season. An example of the seasonal speed limit would actually be in direct contrast to what we do now; for example – speed limit 25 MPH from east end to General Store from Memorial Day to Labor Day.

https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_20/GS_20-141.pdf

https://connect.ncdot.gov/resources/safety/Crash%20Data%20and%20TEAAS%20System/Chapter_03_Speed_Limits.pdf

The links above will provide you with the full readings on the topic. Quite simply, the speed limit by law must remain at 35 MPH within our corporate limits and can only be increased upon the completion and documentation of an engineering study.

Public Comments – Tracey Thomas
Speed limit change:  

First of all, let’s be clear that the speed limit on Ocean Blvd west of the pier is 45 mph (with a seasonal reduction to 35pmh), so Jeremy’s argument in his memo dated 7/13/20 saying we cannot increase the limit to 45 mph due to NCDOT Traffic Ordinance chapter 3 section 24 is flawed – the speed limit is currently 45 mph!

(Ref: http://ncdot.maps.arcgis.com/home/webmap/viewer.html?layers=2229ffaa3ea5470992d021023618e1e6&useExisting=1)

The rest of Jeremy’s arguments then support the current 45 mph speed limit.  This speed limit was determined by a NC traffic and engineering study and is the safe and correct speed for that section of the road.

We should accept the science on the correct speed limit and the fact that there has never been an incident (per Jeremy at the Jan meeting), and not change it because a couple people want to drive their golf carts on the road in the winter.  Please make a fact-based decision and not based on unsubstantiated fear of accidents.

We currently do NOT have any official crosswalks in that area.  If and when we get them, perhaps the speed limit will need to be revisited, but until then that shouldn’t be used as a reason.  Hopefully where crosswalks are needed will also be based on a scientific study and not someone subjectively choosing.

Finally, when surveyed in the Fall of 2019, almost 80% of over 400 respondents wanted the 45 mph to remain in effect during the off season.  The people have spoken!  (Woody’s email to 100 people is not a ‘random’ sample like the survey was.)

 I hope that the commissioners will listen to the majority of people.

I live full time on the west end and feel very strongly that the speed limit remains 45 mph in the off season.  

Update –
Police Chief Dixon reached out to the NCDOT. Unfortunately, they are unable to get their hands on the traffic engineering study that was done quite some time ago. What they did was to begin to gather information for a new study. Jeremy was informed that our Ordinance could remain in place as written until a new study is completed. Decision was to leave the speed limit as is until the study is completed.

No decision was made – No action taken


4. Report in Response to Wild Dunes Speed Bump Petition – Chief Dixon 

Agenda Packet –
During the July 2020 Board of Commissioners meeting, Chief Dixon was tasked with identifying the potential need for speed bumps or alternative traffic calming solutions in the Wild Dunes neighborhood.

The attached documents will provide you with that analysis and possible solutions to consider addressing the concerns of this community.

    • Petition signed by members of the Wild Dunes neighborhood
    • Traffic Study White Paper – Dixon, Chief of Police
    • Traffic Calming Fact Sheet – Institute of Transportation Engineers
    • Traffic Calming Trends – com
    • NC DMV-349 (redacted) – Holden Beach Police Department
    • Stop Signs Brief – US Dept of Transportation Federal Highway Administration
    • LED Stop Sign Spec Sheets (2) -Solar Traffic Systems & Traffic Safety Warehouse

The Wild Dunes neighborhood has expressed in writing its desire to increase the safety of its community by installing speed bumps at two of its intersections. Research finds that speed bumps are not designed to address the concern of stop sign violations and lacks the corroborated support for this type of traffic calming solution. There are however other traffic calming solutions that may address the concerns of the Wild Dunes neighborhood . The decision of appropriate traffic calming solutions rests with the Holden Beach Board of Commissioners, and it is this authors objective that this document assist you in reaching  an educated, well informed, and substantiated decision.

A PowerPoint presentation will be given by Chief Dixon during the September Board of Commissioners meeting to provide details on the findings of this study.

Previously reported – September 2017
Agenda Packet –
Shell Drive is the last street on the right before reaching the private section of the island; therefore, we get a lot of traffic that must use our street to tum around.  The problem we are having is the speed at which some of the vehicles are leaving going back to Ocean Boulevard.

They deferred making a decision, requested it be put on the October meeting agenda. Town Manager is charged with gathering more information. The Town attorney recommended that the Town Manager and staff determine approval criteria since other streets will request this too. The Mayor recommended that we notify everyone on that street, especially after the recent fiasco with Elizabeth Street parking, that we are considering this action.

No decision was made – No action taken

Previously reported – October 2017
Agenda Packet –
At the last Board of Commissioners’ meeting, the Board directed me to gather information relative to Mr. Batchelor’s request to install speed bumps on Shell Drive.

Staff contacted the Town’s insurance provider, the League of Municipalities. There is no specific exclusion for general liability claims caused by speed bumps on town-owned streets.  The League provided us with examples of claims and payouts that have been made relating to speed bumps (Attachment 1).

Mark Hoeweler, Assistant Executive Director – Waccamaw Regional Council of Governments and Liaison for the Grand Strand Metropolitan Planning Organization, is not in favor of speed bumps. He provided literature for the Town to review (Attachment 2).

Staff also contacted the Cape Fear Council of Governments to ask for the pros and cons of speed bumps. Allen Serkin, Director of Local Government Services, responded   that speed bumps are usually discouraged for many reasons (Attachment 3). He also provided us with several resources that the Board may find helpful in consideration of Mr. Batchelor’s request (Attachment 4).

Pretty clear that the information gathered did not support us moving forward with request for speed bumps

Previously reported – July 2020
Agenda Packet –
Request: The Board of Commissioners direct Police Chief Jeremy Dixon and other Town employees as needed to review the vehicular traffic concerns of the Wild Dunes property owners and bring back to the August Board meeting his evaluation of the situation and a recommendation to address the Wild Dunes residents’ concerns.

These concerns have been considered several times already and have not been acted on. This time the Board was presented with a petition signed by 52 of 60 neighborhood property owners asking that something be done. The agenda item specifically asks to install speed bumps so that’s all they really should have talked about. The Board directed Police Chief Jeremy Dixon and other Town employees as needed to review the concerns of the Wild Dune property owners and bring back to the to the Board at the next Regular Meeting their evaluation of the situation and a recommendation to address the Wild Dunes residents’ concerns.

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

Update –
All the intersections were monitored from an unmarked HB Police Department vehicle. The overall safety concern presented was the ongoing failure of vehicles to stop as required at intersection streets. Installing speed bumps does not fix the problem. There are however other traffic calming solutions that may address the concerns of the Wild Dunes neighborhood . This is really an enforcement issue; decision was that for a period of time we have an increased police presence there and have the police issue summons for any violations.

No decision was made – No action taken


5. Status of Beach and Inlet Projects – Assistant Town Manager Ferguson

Agenda Packet –
Slide presentation

      • Where We’ve Been
      • Where We Are
      • Where We Are Going

Update –
We are still attempting to bundle all the projects together but may have to go with what we have project worksheets on. Just completed sand search last month, but don’t have enough sand for all the projects so we will need to do another search.


6. Discussion and Possible Selection of a Coastal Engineering Firm – Assistant Town Manager  Ferguson
.   a)
Resolution 20-08, Selection of Coastal Engineering Firm  

Agenda Packet –
In order to comply with federal and state contracting regulations, the Town advertised an RFQ (Attachment 1)
for coastal engineering services in the Wilmington Star News, on the Town of Holden Beach website and through direct contact with several coastal engineering firms that are affiliated  with  the  North Carolina Beach, Inlet, and Waterway Association to solicit competitive  proposals.  The  Town  only received one proposal by the first due date of August 17•h, which came from the Town’s current contractor, ATM (Attachment 2). While the Mini-Brooks Act does not require the unit  to receive  a minimum number of responses before any can be considered, there are federal standards for procurement that suggest FEMA can decide what is considered an “adequate number” of qualified sources under the competitive procurement method. The Town opted to re-advertise the RFQ, with the second round of solicitation resulting in two proposals (ATM again, Attachment 3 and SEPI, Attachment 4). Staff recommends the selection of ATM as the Town’s consultant engineer for the Town’s Beach Management Program with key work including multi-million-dollar FEMA projects, erosion restoration and inlet navigation projects and other beach fill projects and related initiatives as determined necessary by the Town based on the Town Manager’s Evaluation and Ranking (Attachment  5).

Recommend Approval

Suggested Motion: Approval of Resolution 20-08 (Attachment 6) establishing ATM as the Town’s Coastal Engineer.

RESOLUTION 20-08
SELECTION OF COASTAL ENGINEERING FIRM

WHEREAS, the Town of Holden Beach, North Carolina is a barrier island community located in Southeast NC; and

WHEREAS, the Town has engaged in a robust beach and inlet management program for two decades and recognizes the importance of ongoing beach management as a vital part of a thriving coastal community; and

WHEREAS, the Town’s Beach and Inlet Management Program is comprised of local, state, and federal components, often requiring specific technical coastal engineering expertise; and

WHEREAS, the Town has engaged the services of Applied Technology & Management (ATM) since 2001; and

WHEREAS, the Town has benefited greatly from its client/consultant relationship with ATM; and

WHEREAS, ATM has worked on a half dozen FEMA storm damage projects, is currently involved in ongoing FEMA projects, and provides the annual beach management monitoring program for the Town; and

WHEREAS, it is the Town’s understanding that FEMA policy on reimbursement of coastal engineering expenses requires a procurement process that adheres to uniform procurement guidance; and

WHEREAS, the Town has specifically solicited coastal engineers and advertised in accordance with well-established protocols for firms providing coastal engineering services in order to be compliant with existing state and federal procurement regulations; and

WHEREAS, said advertising for coastal engineering proposals has been repeated after an initial request for proposals yielded only one qualified response; and

WHEREAS, the second solicitation has yielded two proposal; and

WHEREAS, ATM has responded to both solicitations in accordance with the criteria established by the Town for consideration; and

WHEREAS, the Town of Holden Beach is desirous of procuring the coastal engineering services of ATM.

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Town of Holden Beach that it does hereby select ATM as the Town’s Coastal Consulting Engineer and authorizes the Town Manager to negotiate and enter into such contracts as funds may be provided for by Board of Commissioners of the Town of Holden Beach in accordance with the NC Local Budget and Fiscal Control Act.

Update –
We went with the incumbent, establishing ATM as the Town’s coastal engineering firm again.

A decision was made – Approved unanimously


7. Discussion and Possible Action on Resolution 20-09, Resolution Establishing a Policy for Disaster  Debris Located Inside Gated Communities – Town Manager Hewett  

Agenda Packet –
RESOLUTION 20-09
RESOLUTION ESTABLISHING A POLICY FOR DISASTER DEBRIS LOCATED  INSIDE GATED COMMUNITIES

WHEREAS, the Town of Holden Beach has a prepositioned disaster debris management contract in place with Southern Disaster Recovery to deal with storm related debris; and

WHEREAS, FEMA has specific rules regarding reimbursement expenses for hurricane debris; and

WHEREAS, Hurricane Isaias hit the Town of Holden Beach on August 3, 2020, causing damages requiring the activation of the Town’s disaster debris management contract with Southern Disaster Recovery; and

WHEREAS, it is the Town of Holden Beach’s understanding that current FEMA regulations do not provide for the reimbursement of expenses relating to disaster debris removal inside of gated  communities; and

WHEREAS, the Town of Holden Beach activated the contract with Southern Disaster Recovery on August 7, 2020 during an emergency meeting held by the Board of Commissioners; and

WHEREAS, during the emergency meeting, the Board of Commissioners were apprised of FEMA’s non-reimbursement of disaster debris removal expenses inside gated communities; and

WHEREAS, the Board of Commissioners authorized expense appropriations for the removal of the disaster debris within the gated communities regardless of FEMA rules regarding reimbursement of said expenses; and

WHEREAS, the Town of Holden Beach is not cognizant of any pending changes to FEMA’s policy for reimbursement of disaster debris removal expenses inside gated communities;

WHEREAS, the Town of Holden Beach has two gated communities within its’ corporate limits; and

WHEREAS, the Town of Holden Beach is of the opinion that regardless of FEMA’s non­ reimbursement  policy, disaster  debris removal expenses  incurred  inside gated communities is an expense that the Town of Holden Beach will absorb through the Southern Disaster Recovery contract.

NOW THEREFORE BE IT RESOLVED THAT, the Town of Holden Beach recognizes that the removal of disaster debris inside gated communities is a fundamental life, safety, and public health issue; and

BE IT FURTHER RESOLVED THAT, the Town of Holden Beach does hereby adopt the policy of having disaster debris inside gated communities removed in accordance with the same process, procedures, and expedience as all other parts of the Town of Holden Beach; and

BE IT FURTHER RESOLVED THAT, the town manager is author sized to communicate the Town of Holden Beach’s policy to any and all appropriate local, state and federal agencies to affect amendment to FEMA’s current non-reimbursement policies for disaster debris in gated communities as may be practical.

Update
After Hurricane Isaias, this Board chose to remove debris from inside gated communities regardless of whether or not we are going to get reimbursed from FEMA. This resolution does two things. First it clarifies the Town’s position going forward. It also established the Town’s position as an advocate for gated communities to get equal treatment statewide.  Over Commissioner Sullivan’s objection to this resolution as written it was withdrawn. It was decided to break the resolution into two separate pieces, one for advocacy and the other one for storm debris removal policy. Request was to have the two resolutions on the agenda for their consideration next month.

No decision was made – No action taken


8. Discussion and Possible Action on Review of Employee Benefits – Commissioner Sullivan 

Agenda Packet –
Benefits Survey Summary
Vacation and Longevity

Previously reported September 2019
The Maps Group has completed their research in August last year. The study updates the classification and pay plan for THB as well as making recommendations concerning personnel policies and fringe benefits. Some of the Board members stressed that we need to address all the components of the total compensation package not just implementing the pay plan.

Update –
Commissioner Sullivan said that the study was done and that the Board adopted the monetary part of the report, but never addressed health care coverage. Mike proposed that consideration be given for modifications of our family health insurance coverage. He requested that staff prepare a table showing the cost of family coverage at five (5) percentage levels for them to consider.

No decision was made – No action taken


9. Discussion and Possible Approval of Contract for Landscaping Services – Assistant Town Manager  Ferguson
   a) Ordinance 20-15, An Ordinance Amending Ordinance 20-10, The Revenues and  Appropriations Ordinance for Fiscal Year 2020 – 2021 (Amendment No. 4) 

Agenda Packet –
The current landscaping and irrigation contract with Champion Resort Maintenance expires October 6, 2020 (Attachment 1). Staff has conducted an informal bid  solicitation (Attachment  2) for the Town’s landscaping and irrigation services contract. Three bids were received (Attachments 3,4,5) with Carolina Creations submitting the most responsive bid.  

The most responsive bid is $26,681.04 higher than the existing appropriations. Currently, this service is budgeted at $31,200 and sourced equally between the BPART budget ($15,600.00) and General Fund ($15,600). Continuing this method of paying for the service would require sourcing of $13,340.52 from both the BPART Fund and the General Fund. This can be done from within existing resources should the Board desire to make award to Carolina Creations. The BPART Fund contribution would come from reprogramming $13,340 from the “Concert” line due to cancelations from Covid and likewise the General Fund contribution would come from reprogramming funds from the “Available for Appropriation” line.

Approval of a one-year contract will require BOC action to do so along with approval of the attached budget amendment (Attachment 6).

ORDINANCE NO. 20-15
AN ORDINANCE AMENDING ORDINANCE 20-10, THE REVENUES AND APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 2020 2021 (Amendment No. 4)

BE IT ORDAINED BY the Mayor and Board of Commissioners of the Town of Holden Beach, North Carolina, that Ordinance No. 20-10 appropriating funds for the Fiscal Year 2020 – 2021 be amended as follows:

Provide funds for the Town’s Landscaping and Irrigation Services Contract

Moved funds of $13,340
From Revenue account #10.0410.9200 to Expense account#10.0570.1500

Moved funds of $13,340
From Revenue account #50.0710.2600 to Expense account#50.0710.0906

Update –
Presented as these are the costs, it is what it is. David said that it takes money to maintain what we have, and it needs to be tendered to if we want to keep it looking like it does. Commissioner Kwiatkowski  attempted to broach having Public Works handle this, but that position was immediately shut down by the Town Manager.  There was some discussion about making some landscape design improvements, but this contract is just for maintenance only. Commissioner Sullivan pointed out a discrepancy with an insurance liability issue in the contract and recommended a change be made. They decided to accept the $55,127 Carolina Creations contract pending the suggested revisions.

A decision was made – Approved unanimously


  • 10. Paving Assessment Slideshow – Town Manager Hewett  

    Agenda Packet –

    Special Assessments N.C.G.S Section 160A Article 10

    • Petition is received
    • Clerk certifies that the petition is signed by a majority of property owners
    • No more than 50% of the cost can be assessed
    • Preliminary resolution is adopted which gives details of the project
    • Public Hearing held on preliminary resolution
    • Notice must be published that the preliminary resolution has been adopted and a Public Hearing set
    • Notice must be mailed to owners of all property to be assessed
    • After the hearing, the Board may adopt a resolution directing the project to be undertaken


    Previously reported –
    July 2020
    Agenda Packet –
    Deal and Seagull Streets are “Town” streets but are currently unpaved. They are in bad shape with very  little to work with from a maintenance perspective.  New construction has populated these streets to a point where owners are seeking a remedy to improve the streets. Town practice provides for a petition process to occur but an estimate for constructing suitable improvements needs to be obtained prior to a more formal undertaking.

    Request the Board of Commissioners direct the Town Manager to obtain a preliminary engineering cost estimate necessary to improve Deal and Seagull Streets. At a minimum – improvements evaluation should address coquina/marl, gravel, and full paving options in addition to any other considerations that are relevant.

    NC Chapter 160A, Article 10
    §160A-216.  Authority to make special assessments.
    Any city is authorized to make special assessments against benefited property within its corporate limits for:

    (1) Constructing, reconstructing, paving, widening, installing curbs and gutters, and otherwise building and improving streets;

    §160A-217.  Petition for street or sidewalk improvements.
    (a) A city shall have no power to levy special assessments for street or sidewalk improvements unless it receives a petition for the improvements signed by at least a majority in number of the owners of property to be assessed, who must represent at least a majority of all the lineal feet of frontage of the lands abutting on the street or portion thereof to be improved. Unless the petition specifies another percentage, not more than fifty percent (50%) of the cost of the improvement may be assessed (not including the cost of improvements made at street intersections).

    For more information » click here

    Added Canal Drive to agenda item, they discussed adding other streets too
    Board approved getting engineering cost estimate for the three (3) streets listed

    A decision was made – Approved unanimously

    Previously reported – August 2020
    Agenda Packet –
    Engineering Report
    For more information » click here

    SUMMARY, CONCLUSION, and RECOMMENDATIONS
    The Town of Holden Beach proposes to pave three existing roads within the Town limits; Seagull Drive, Deal Drive, and Canal Drive. The three streets were created from different property subdivisions that occurred decades ago. Many houses have been constructed over the years along the roads and continue to do so. The roads are primarily compacted soil with some stone that has be placed over the years. The lots were platted, and roadways constructed prior to 1988 on Seagull and Canal, while Deal was constructed under State Stormwater permitting rules. There are existing water and vacuum sewer service mains serving the lots. We would recommend adding ABC base course stone, asphalt pavement, and limit the amount of impervious driveway surfaces. We have provided overall project cost estimates for each road and are included in the figures. Seagull Drive is estimated to be $145,000; Deal Drive is estimated to be $65,200, and Canal Drive is estimated to be $80,962. Total project costs are estimated to be $291,151.

    Shane Lippard of Right Angle Engineering made the presentation. He reviewed the engineering report summary conclusion and responded to the Board’s questions. Town Manager proposed that the Town take the lead by submitting the petition for the improvement. That way they only need the property owners consent to proceed.

    A decision was made – Approved unanimously

    Update –
    David gave an overview of the process. We are looking at doing the work some time next summer. Therefore, it will need to be addressed in next year’s budget process.


  • 11. Town Manager’s Report

    Genset Status
    The unit has been installed, awaiting startup test to be scheduled
    Rental unit contract through the end of the month

    Hurricane Debris
    Island debris removal was completed at the end of August
    Removal of damaged post and rope/sand fencing has not begun yet

  • Federal Project
    Last month we submitted Letter of Intent using existing authorization which could make us eligible to be included in workplan as early as next Spring. Therefore, we will wait to submit 7001 application until we know how that plays out.

    LWF Inlet Status
    Inlet has not been adequately maintained
    Coast Guard wants to pull the buoys that are out there
    Meeting scheduled tomorrow with USACE and the Coast Guard


  • The U.S. Coast Guard is seeking comments prior to the November 2, 2020 deadline on their proposal to discontinue navigation aids in the Lockwood Folly Inlet. They have released notice to mariners. Click here to view the notice. The Town was made aware of the information this week.

    HB Bridge Safety Railing Project
    Contract was awarded October 29, 2018 with the completion date for the contract to be October1, 2019. Work on the bridge safety railing has finally appears to be completed.

    Sewer Lift Station #3
    Contract completion date of December 18th
    Project is ahead of schedule with a tentative startup date at the middle of October


12. Executive Session Pursuant to North Carolina General Statute 143-318.11 (A)(6) to Discuss a Personnel Matter  (Commissioner Kwiatkowski) and to N.C.G.S. 143-318.11(A)(1) To Approve Minutes (Town Clerk  Finnell)  

No decision was made – No action taken


  • 13. Police Report

Police Patch

Another busy month …
.
…….


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


  • Loose Ends (11)
    • Waste Ordinance Enforcement Policy          January 2019
    • Fee Based Rollout of Containers                    January 2019
    • Commercial District / Zoning                        February 2019
    • Development Fees                                            April 2019                Sept. agenda item
    • Parking                                                              October 2019
    • Audit Remedial Policies & Procedures         November 2019
    • Land Use Plan                                                  January 2020            July agenda item
    • Dog Park                                                           January 2020            July agenda item
    • 796 OBW                                                           January 2020
    • BPB – Dune Protection Game Plan               February 2020
    • VRBO Action Plans                                          April 2020    

  • General Comments –

    Due to the Town of Holden Beach’s State of Emergency Restrictions and Governor Cooper’s Stay at Home Order, in person public attendance is prohibited. The meeting will be livestreamed on the Town’s Facebook page. Visit https://www.facebook.com/holdenbeachtownhall/ to watch the livestream.


    Commissioner Woody Tyner  – was not in attendance


  • .
    BOC’s Meeting
    The Board of Commissioners’ next Regular Meeting is scheduled on the third Tuesday of the month, October 20th
    .


    Currently, North Carolina is severely undercounted in the 2020 Census. We are on track to lost $74 billion in federal funding over the next decade. These are our tax dollars, hard earned and rightfully ours, and this funding is critical. The only way to access that money is to be fully counted.

    Here’s what it will affect:
    – Roads and transportation
    – Early education
    – Senior services
    – Veterans services
    – Infrastructure that supports local businesses
    – Rural development
    – Emergency services
    – Military resources
    – Parks and recreation programs

    If you have not yet responded to the 2020 Census, do so immediately. It takes less than 10 minutes. All information is confidential and specific information is unable to be accessed by law for 72 years. All that matters is that you are counted, since federal funds will be distributed by population.

    Help keep our community strong.

    You can respond immediately online or by phone:
    Online: https://my2020census.gov/
    Phone: ​844-330-2020​

    The 2020 Census will now end on September 30th, one month before the previously announced deadline. We are running out of time to get all North Carolinians counted. As of July 31st, 41 percent of NC households have NOT completed the 2020 Census. That’s more than four million North Carolinians who have not completed the census.

    Every response makes a difference.

    A Census response brings $1,823 per person, per year in federal and state funds back to NC counties and towns.

    That’s $18,230 over the decade.
    For a family of five, that’s $91,150.
    For a neighborhood of 150, that’s $2,734,000.
    For a community of 1,200, that’s $21,876,000.

    Every single response truly makes a difference.​​


  • Hurricane #1 - CR

     


    Hurricane Season

    For more information » click here

    Be prepared – have a plan!

    .

    .
    National Oceanic and Atmospheric Administration (NOAA)
    The National Oceanic and Atmospheric Administration (NOAA) defines a hurricane as “an intense tropical weather system with a well-defined circulation and maximum sustained winds of 74 mph (64 knots) or higher.”

    2020 Atlantic Hurricane Season Fast Facts
    The 2020 Atlantic hurricane season runs from June 1 to November 30. The areas covered include the Atlantic Ocean, Gulf of Mexico, and the Caribbean Sea.

    The National Weather Service defines a hurricane as a “tropical cyclone with maximum sustained winds of 74 mph (64 knots) or higher.”

    Hurricanes are rated according to intensity of sustained winds on the Saffir-Simpson Hurricane Wind Scale.

    The 1-5 scale estimates potential property damage.
    A Category 3 or higher is considered a major hurricane.
    The National Hurricane Center advises preparedness:

      • A hurricane watch indicates the possibility that a region could experience hurricane conditions within 48 hours.
      • A hurricane warning indicates that sustained winds of at least 74 mph are expected within 36 hours.

    Read more » click here

    THB EMERGENCY INFORMATION

    EVACUATION, CURFEW & DECALS

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

  • 3 North Carolina counties lead U.S. in hurricane impacts since 2010
    Brunswick, Hyde and Dare counties each had 10 hurricane-based FEMA emergency declarations between 2010 and 2019
    A new report quantifies what many North Carolina residents already know: They have faced a lot of hurricanes over the past decade — reinforced most recently by last week’s Hurricane Isaias. The report is by the ValuePenguin financial advice website. It states that from 2010 through 2019, Brunswick County on the southern North Carolina coast and Dare and Hyde counties along the state’s northeast coast each had 10 hurricane-based Federal Emergency Management Agency (FEMA) emergencies. Those three counties tied for first place nationally.
    Read more » click here


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


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    Then please forward it to a friend!


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