10 – Town Meeting

Lou’s Views

“Unofficial” Minutes & Comments

BOC’s Special Meeting 09/18/20

Board of Commissioners’ Agenda Packet » click here NA

Audio Recording » click here

1. A Discussion and Possible Action on Ordinance 20-04, An Ordinance Amending the Holden Beach  Code of Ordinances, Chapter 157: Zoning Code – Inspections Director Evans 

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

Previously reported – September 2020
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.

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.

Update –
Meeting was reconvened. Timbo stated that this is the conclusion of the mega house issue that they have been working on since 2015. It is ready for final adoption and was accepted as presented.

A decision was made – Approved unanimously

BOC’s Regular Meeting 10/20/20

Board of Commissioners’ Agenda Packet click here

Audio Recording » click here

1. Annual Beach Monitoring Report – Fran Way, Applied Technology and Management (Assistant Town Manager Ferguson)

Agenda Packet –
The Town participates in annual beach monitoring to maintain a healthy beach and dune system and to keep our engineered beach status. These reports are also instrumental in serving as a baseline account of sand volume as compared to post-storm surveys. Mr. Fran Way with ATM is here to present data from the annual report and highlight changes since last year.

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

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

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

Beach nourishment profile equilibration:
What to expect after sand is placed on a beach

Read more » click here

Previously reported – October 2019
Fran Way presented the annual beach monitoring report. They have completed the annual survey of the beach strand. Primarily they make sure the beach is healthy. Most sections of the beach strand are stable and had accretion. Beach equilibration has occurred, projects are designed to include a volume of sand that the waves and currents will transport offshore to fill in the lower parts of the beach profile. Some of the sand lost off shore has been come back in to the system. The beach strand is recovering nicely from the recent storm events. Ongoing beach management activity has made the beach strand wider than it was twenty years ago. We have used a significant amount of material from the borrow area and will need to identify new areas to take sand from for future large-scale projects.

Update –
Fran Way presented the annual beach monitoring report. Hurricane Isaias was included in the calculation of losses for FEMA. The entire beach strand lost volume over the last year. Unfortunately, we are seeing more erosion on the west end than we ever did before. In the engineered portion of the beach strand, we are basically looking at another nourishment project similar in size to the last Central Reach Project (over 1.1M cubic yards of sand vs. 1.3M cubic yards). The good news is that we are starting with a much wider beach strand there, it is almost sixty (60) feet wider, than we did then.

2. Discussion and Possible Action on Employee Health Benefits – Commissioner Sullivan

Agenda Packet –

Rate Town Pays80%
Family Coverage$31,004.52$23,253.34$15,502.22 $7,751.11
Employee & Spouse Coverage$31,351 .92$23,513.98 $15,675.98 $7,837.99
Employee & Child Coverage$26,248.68$19,686.53 $13,124.35$6,562.18
Total$88,605.12$66,453.84$44,302.56 $22,151.28

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.

Previously reported September 2020
Agenda Packet –
Benefits Survey Summary
Vacation and Longevity

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

Update –
THB employee coverage is comparable to benefits provided by the surrounding municipalities. The family coverage is more than being provided by those same municipalities. The question Mike posed is this: Do we want to continue to provide superior coverage or make an adjustment? There was no discussion, consensus was to put it on the agenda next month after they had time to consider how they want to proceed.

No decision was made – No action taken

Well this is very disappointing; they had the numbers in the agenda packet so I’m not sure why they weren’t in a position to discuss and make a decision at this meeting. 

3. Discussion and Possible Action on Resolution 20-10, Resolution Authorizing the Town Manager to Communicate the Town’s Opposition to FEMA’s Current Policies for Disaster Debris in Gated Communities – Town Manager Hewett

Agenda Packet –

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 non­reimbursement of disaster debris removal expenses inside gated communities; and

WHEREAS, the Board of Commissioners authorized expense appropriations for the removal of the disaster debris is 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; and

WHEREAS, 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

NOW, THEREFORE BE IT FURTHER RESOLVED THAT, the town manager is authorized to communicate the Town’s opposition to FEMA’s current non reimbursement policies for disaster debris in gated communities to any and all appropriate local, state, and federal agencies to affect amendment to said policy.

Previously reported – September 2020
Agenda Packet –
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

Update –
Resolution submitted states that we are against the FEMA policy that does not provide for reimbursement expenses for gated communities. Commissioner Kwiatkowski requested that they add verbiage  “ and economic recovery issues” to the last WHEREAS. It was approved as amended. David stated that he was not ready, at this time, to bring the Board the second resolution which was to develop a Town policy regarding this issue regardless of whether FEMA approved reimbursement expenses.

A decision was made – Approved unanimously

4. Discussion and Possible Action on Resolution 20-11, Resolution Amending the Town of Holden Beach Capital Improvement Plan by Establishing a Fire Hydrant Replacement Policy – Town Manager Hewett/Public Works Director Clemmons

Agenda Packet –

WHEREAS, the Board of Commissioners established an objective for Fiscal Year 2020/2021 to “develop and implement a fire hydrant replacement plan for hydrants in disrepair”; and

WHEREAS, there are approximately 150 fire hydrants currently part of the Town of Holden Beach Water System; and

WHEREAS, it is estimated the fire hydrant component cost is $2,000 per hydrant; and

WHEREAS, annual maintenance and repair of fire hydrants is performed by Town of Holden Beach staff, using Town of Holden Beach equipment; and

WHEREAS, Town of Holden Beach staff works closely with the Tri-Beach Fire Department to identify hydrants requiring maintenance; and

WHEREAS, the Tri-Beach Fire Department performs regularly scheduled inspections and operations assessments to ensure optimal water feeds to firefighting apparatus; and

WHEREAS, the Tri-Beach Fire Department provides results of its inspections to the Town of Holden Beach Public Works Department for hydrant repair and maintenance; and

WHEREAS, it is reasonable to assume that 10 hydrants per year will require maintenance at an annual cost of $20,000; and

WHEREAS, the Fiscal Year 2020/2021 budget included $10,000 for hydrant repair which will provide funding for five hydrants.

NOW THEREFORE IT IS RECOGNIZED THAT replacement repair funding for five hydrants is included in the Fiscal Year 2020/2021 budget; and

BE IT FURTHER RESOLVED THAT the Holden Beach Board of Commissioners hereby amends its existing Capital Improvement Plan to provide for repair/ replacement of ten hydrants per year for Fiscal Years ending June 30, 2022 through June 30, 2030 and directs the town manager to effect such administrative changes as necessary to the Capital Improvement Plan.

Update –
David handled this agenda item in Director Clemmons absence. We have approximately one hundred and fifty (150) fire hydrants in various stages of disrepair. The request is to establish a target of funding for ten (10) fire hydrants replacements a year at @$2,000 per hydrant for an annual cost of $20,000.

A decision was made – Approved unanimously

5. Discussion and Possible Approval of Resolution 20-12, Resolution of the Town of Holden Beach Declaring the Intent to Reimburse Itself for Capital Expenditures from the Proceeds of Certain Tax-Exempt Obligations – Town Manager Hewett

Agenda Packet –

WHEREAS, the Board of Commissioner (the “Board’} of the Town of Holden Beach, North Carolina (the “Town”) has determined that it is in the best interests of the Town to proceed with the remodeling and improvement of lift stations and the acquisition and installation of a water tower for its utilities system (the “Projects “) ; and

WHEREAS, the Town presently intends, at one time or from time to time, to finance all or a portion of the costs of the Projects with proceed s of tax-exempt obligations and reasonably expects to cause to be executed  and delivered tax-exempt obligations (the “Obligations “) to finance, or to reimburse itself for, all or a portion of the costs of the Projects; and

WHEREAS, the Town has begun and desires to continue to proceed with some or all of the Projects and will incur and pay certain expenditures in connection with the Projects prior to the date of execution and delivery of the Obligations (the “Original Expenditures “), such Original Expenditure · to be paid for originally from a source other than the proceed s of the Obligations. and the Town intends, and reasonably expects, to be reimbursed for such Original Expenditures from a portion of the proceeds of the Obligations to be executed and delivered at a date occurring after the dates of such Original Expenditures.


Section I.  Official Declaration  of Intent.  The Town  presently  intends,  and  reasonably  expects, to reimburse itself for the Original Expenditures incurred and paid by the Town on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Obligations. The Town reasonably expects to execute and deliver the Obligations to finance all or a portion of the costs of the Projects and the maxi mu m principal amount of Obligations expected to be executed and delivered by Town to pay for all or a portion of the costs of the Projects is approximately $5,000,000.

Section 2. Compliance with Regulations. The Town adopts this Resolution as a declaration of official intent under Section 1.150-2 of the Treasury Regulations promulgated under Section 103 of the Internal  Revenue Code of 1986, as amended, to evidence the Town’s intent to reimburse itself for the Original Expenditures from proceeds of the Obligations.

Section 3. Itemization of Capital Expenditures. The Town Manager, with advice from bond counsel, is hereby authorized, directed and designated to act on behalf  of the Town in determining and itemizing all of the Original Expenditures incurred and paid by the Town in connection  with the Projects during the period commencing on the date occurring 60 days prior to the date of adoption of this Resolution and ending on the date of execution and delivery of the Obligations .

Section 4. Effective Date. This Resolution shall become effective immediately upon the date of its adoption

Update –
This is NOT a finance package; this simply allows us to reimburse ourselves. Apparently, this will allow us to be reimbursed for cash expenses that we have already laid out for these projects once we have financing.

Editor’s Note –
At least that’s what I think this does

A decision was made – Approved unanimously

6. Discussion and Possible Scheduling of a Date to Hold a Public Hearing to Hear Proposed Comments on the Land Use Plan – Inspections Director Evans
Agenda Packet –
Notice for the required public hearing on the proposed Land Use Plan needs to run 30 days prior to the hearing. in order to meet the advertising deadline, staff recommends the Board set the public hearing on the regular meeting date of December 15th at 5:00 p.m. The plan has been reviewed by the DCM District Planner. Once adopted by the Board, it will then be considered for certification by the CRC.

Previously reported – September 2019
Land Use Plan
For more information » click here

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

Previously reported – October 2019
Agenda Packet –
As the Board of Commissioners are aware, the Land Use Plan Committee completed their work as commissioned by the Board of Commissioners. The LUP was then sent to the Holden Beach Planning and Zoning Board where a public hearing was held. The P&Z Board approved sending the completed document for review.

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

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

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

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

Only approved submitting proposed Land Use Plan to DCM for their review

Previously reported – December 2019
Board will coordinate their schedules to determine date of meeting

For starters, the plan merely sets guidelines which can be changed as the situation requires. What’s more it is nonbinding. Every land use or zoning decision needs a consistency statement that says whether the recommendation conforms to the LUP or not.   We can recommend something that does not conform if we state why it is in the best interest to do that.  A considerable amount of time and effort were put in to develop this plan. The BOC’s had a chance to give input on the plan, along with the rest of the Town, at the input meetings and at every LUP meeting.  All shareholders were involved in the process and contributed a significant amount of input.  It is a compromise document, no one got everything they wanted in it. Cannot imagine what value the BOC’s think that they can add to what was already submitted.

Previously reported January 2020
Agenda Packet –
Commissioner Kwiatkowski has prepared the changes discussed by the Board at the January 17th Special Meeting (Attachment 1 ). Wes Macleod has reviewed them and asked that staff communicate to the Board that Goal 4.2 on page 4-16 comes from the state’s 7B planning guidelines (Attachment 2). He encourages the Board to consider leaving the goal as originally written.

The  proposed  plan was  approved  by the  Department  of  Coastal  Management. The  next step  in the adoption process would be to schedule a public hearing on the plan. Staff recommends the Board set the public hearing for April 21st at 7:00p.m.

 Special Meeting held
Audio Recording » click here 

No decision was made – No action taken

Commissioners Kwiatkowski submitted proposed changes at the January Regular Meeting, but it was not approved at a later meeting because of  amended agendas due to the pandemic. The Board decided to approve amended Land Use Plan with just one additional change. Based on the recommendation from Wes McLeod, they excluded changing 4.2 Public Access and Recreation in order to remain in compliance with the 7B statuary requirements. We will still need to schedule a Public Hearing before they can approve the LUP finalized version.

A decision was made – Approved unanimously

Previously reported – July  2020
Agenda Packet –
Commissioner Kwiatkowski has prepared the changes discussed by the Board at the January 17th Special Meeting (Attachment 1 ). Wes Macleod has reviewed them and asked that staff communicate to the Board that Goal 4.2 on page 4-16 comes from the state’s 7B planning guidelines (Attachment 2). He encourages the Board to consider leaving the goal as originally written.

The  proposed  plan was  approved  by the  Department  of  Coastal  Management. The  next step  in the adoption process would be to schedule a public hearing on the plan.

Land Use Plan document with proposed changes is way too large a document (@16 pages) to include here

Update –
Timbo stated that we have been working on this for a long time, we are in the home stretch, and we need  to get this done. If they want to approve the document the Board is required to schedule a Public Hearing before they can enact the Land Use Plan. By consensus they agreed to schedule a Public Hearing. Based on regulatory requirements the Public Hearing has been scheduled for the BOC’s Regular December meeting.

7. Discussion and Possible Action on Proposed Lease of 796 Ocean Boulevard West – Assistant Town Manager Ferguson
Agenda Packet –
The Town purchased 796 OBW for sound attenuation with the sewer lift station upgrade. It has been vacant since that time excluding it serving as a lay down yard for the contractor. The contractor is also using the enclosed area under the structure for plan review during the construction phase. We were approached by David Wright with the Town’s public works department about the possibility of renting the structure. This would place a public works employee next door to the lift station in case of issues. The attached lease is for six months with the option of continuing on a monthly basis after that time based on the consent of both parties.  The board would need to approve the lease in order to move forward.

Previously reported – June 2019
Engineering was just awarded the $311,805 contract for Sewer System Engineering to Sewer Pump Station Number 3. Why is there an additional $153,805 in cost only eighteen (18) months later? The explanation given was that this station is only sixteen (16) feet from adjacent property and will require additional acoustic engineering. Due to the station location it is different from the first project and will have a significant higher cost to build.  

Previously reported – July  2019
Parcel #246BC002 which is located on the second row, between Sanddollar and Swordfish. A significant portion of the cost of acquiring this property is offset by us no longer needing to do additional acoustical engineering. The property is located at 796 OBW, adjacent to sewer station #3, with a Taxable Value of $376,610

Previously reported – August 2019
The Town is purchasing 796 OBW for $349,000 or 93% of tax value
.      *
Average for second row home this year is 117% of tax value

A decision was made – Approved unanimously

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.

Previously reported – February 2020
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?
Is parking going to be adequate for the envisioned use?
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

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.

Previously reported – September 2020
We still have no game plan for what we will do with this property that was purchased one (1) year ago.

Update –
Concerns were expressed about maintenance issues and our insurance liability. Commissioner Murdock felt we need to decide what we are going to do with this property long-term. Timbo offered to do inspection to confirm that it is habitable and reasonably safe.
Approved contingent upon Town Inspector favorable report at which time  the Town Manager can lease the property to Town employee for $700 per month.

A decision was made – Approved unanimously

In February the BOC’s tasked Planning & Inspections Department to evaluate what we can do there. Where is that report? Oh, so now they want to be landlords. It would seem to me that the risks far exceed the benefits. What could possibly go wrong?

8. Request to Change Deliverable Date for Police Committee – Commissioner Sullivan
Agenda Packet –
Town of  Holden Beach Board of  Commissioner  Directives for  Town Manager/Attorney Action

    1. Date of BOC Meeting  June 2020
    2. Agenda Item # 12
    3. Issue : Researching the Feasibility of Hiring Seasonal Law Enforcement Officers
    4. Request to: Town Manager
    5. Motion: Request the Town Manager do the following:
      A. Establish a committee, consisting of the Town Manager, Police Chief and Commissioners Kwiatkowski and Sullivan.
      B. The committee should conduct an evaluation of the feasibility of hiring seasonal law enforcement officers for the 2021 season. The evaluation should include cost, utilization, mode of transportation. length of employment , training, certification, uniforms, and any other items a committee member identifies.
    6. Action Requested: Same as contained in #5 above.
    7. Vote Tally: 5·0
    8. Proposed Deadline: Submit a report at the December 2020 BOC’s Meeting.

Previously reported – June 2020
Commissioner Sullivan requested a committee investigate the feasibility of hiring seasonal part-time police officers for the next budget year. The motion tasked the committee with looking into this option. Both Pat and Mike volunteered to be on the committee.

Editor’s note –
The Town of Holden Beach has 575 permanent residents and this year we have budgeted for ten (10) full-time officers and zero (0) part-time officers. By contrast, The Town of Ocean Isle Beach has 554 permanent residents and employs thirteen (13) full-time officers and ten (10) part-time seasonal officers.

Previously reported – July 2020
Holden Beach ponders seasonal police help for 2021
Read more » click here

Previously reported – September 2020
Holden Beach officials contemplate efforts to extend police force on island
Read more » click here

Previously reported –October 2020
Holden Beach chief opts for hiring clerk over more police officers
Read more » click here

I am disappointed that we still do not have any code-enforcement on the beach strand. The Board of Commissioners has previously discussed safety issues posed by various activities on the beach strand. In past years motions were made to increase education, issue written warnings, and increase enforcement. Anecdotal evidence suggests that there has not been any change in the behavior of people on the beach strand. Just so you know, almost every day that I am on the beach strand I see multiple incidents of noncompliance with the beach strand ordinances.

Update –
Original directive had a proposed deadline of December 2020 to submit report to the Board of Commissioners. Based on staffing changes made and discussions at their meetings Mike proposed that they extend the deadline to March of 2021.

A decision was made – Approved unanimously

At the seasonal law enforcement officers committee meeting this month Police Chief Jeremy Dixon said that he believes hiring a new office clerk would be more beneficial for his department rather than hiring seasonal officers. The Beacon article made it pretty clear that we were not planning on hiring seasonal officers next year; So why the extension?

9. Discussion and Possible Action on the Criteria, Qualifications and Service Arrangement for a Legal Services Provider for the Board of Commissioners –Commissioner Tyner
Agenda Packet –
The Holden Beach Board of Commissioners contracts with various legal services providers as deemed necessary to represent the interest of the Board and supply legal advice as needed to the Commissioners and Town staff.The qualifications, selection criteria, and service arrangements for the current provider of legal services to the Board and Town staff were determined by the previous Board of Commissioners in October 2019, one month before the election of the current Board. A majority of the current Board was not involved in the 2019 decision to select a firm or firms to provide legal services to the Board.It is appropriate and necessary for the Board to review and determine from time to time the criteria, qualifications and service arrangements used to select a legal services provider.

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

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

Previously reported – August 2019
Agenda Packet –
Request for Proposals for Legal Service
A Request for Proposals (RFP) for Legal Services was advertised in the local paper and was placed on the North Carolina   League of Municipalities’ website.   In response to the RFP, the Town received four proposals.

Commissioner Sullivan indicated that it was not prudent to hire an attorney without conducting interviews. His recommendation was to interview the firms at a Special Meeting.

Previously reported October 2019
The Board hired the Grady Richardson firm as our new town attorney

Update –
Woody basically was asking for the BOC’s to have a discussion regarding what we are looking for from our legal service provider. He suggested a number of considerations that they could use to help them decide. He did not get much input
other than reducing cost and hiring someone with municipal government experience.

Well it didn’t seem to me that they established a clear set of criteria to use in selecting legal services going forward. Let me put this in perspective, the auditor selection process utilized seven (7) categories that they evaluated to determine their choice. We were pragmatic in our approach to select an auditor; Should we do no less to select our attorney?

10. Discussion and Possible Action on the Board of Commissioners’ Relationship with the Law Office of G. Grady Richardson Jr. – Commissioner Tyner
Agenda Packet –
The Holden Beach Board of Commissioners is approaching the one-year anniversary of their contractual relationship for legal services with the Law Office of G. Grady Richardson Jr.Mr. Richardson’s law firm was selected by the previous Board of Commissioners in October 2019. one month before the election of the current Board. A majority of the current Board was not involved in the 2019 decision to select Mr. Richardson’s firm to provide legal services to the Board.As we approach the one-year anniversary of the Town’s relationship with Mr. Richardson’s firm, it is appropriate for the Board to review and consider the current service arrangements for the legal services being provided by the Law Offices of G. Grady Richardson Jr. in relation to the needs of the current Board.

  • Update –
    One-year anniversary of our relationship with this firm that was selected by the previous Board. Apparently, they have some concerns about the amount of money we are spending for legal services. Woody suggested that now would be a good time to decide whether to stay the course or make a change. Surprisingly, he then proposed terminating our relationship with them. The Board tasked the Town Manager with doing a Request for Proposals (RFP) for Legal Services.

    A decision was made –
    Approved unanimously
  •                                            .
  • Where is the transition? The last time we changed firms for legal services we had an interim attorney agreement until we hired a permanent attorney. Let me get this straight, we go from that their position is that we need legal counsel at every meeting to not even .                                    having any attorney at all. In what universe does this make sense?

11. Town Manager’s Report

Agenda Packet –
Budget Report
David did a brief overview of where we are at right now, the budget report is posted on the Town website

Voting  Polling Place
Emergency Operations Center at 1044 Sabbath Home Road is a polling site for the  November 3rd election, but is  NOT an early voting site!

The unit has been installed, fueled, inspected, and training received. In other words, it is in service.

Central Reach
Permit application has been made. CAMA has notified us that they wish to schedule a scoping meeting in response to our September permit modification submission. Meeting is scheduled later this week.
Editor’s Note –
What is a ‘Scoping Session‘? The first step in ensuring a successful engagement with a prospect is to conduct ‘Scoping Sessions‘. In these sessions, you have the opportunity to formally capture the prospect’s expectations, success factors, and high-level business requirements for a fruitful project.

Hurricane Isaias
Federal Declaration was made last week. The engineered beach nourishment project estimate is in the neighborhood of $5,000,000 (as a stand-alone mobilization). Island debris removal was completed at the end of August . The Turkey Trap debris muster site has had all disaster debris removed; the site has been returned to as before condition. We haven’t seen the bill yet.

Hurricane Matthew
Four (4 ) years later the State is sending representatives to closeout these small projects. 

LWF Inlet
USCG wants to pull buoys because the Hurricane repositioned several of them and the Inlet has not adequately been maintained. USACE is in the process of  developing the cost of quarterly dredging to be evaluated for local government financial commitments. BRUNSCO fronted the money for the upcoming LWF Inlet dredge boat Merritt in November, which utilizes the State Shallow Draft Fund. The Town has appropriated money for this one cycle in the current budget.

Previously reported – September 2020
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.

Federal Advocacy
Mike McIntyre has changed law firms from Poyner Spruill to Ward and Smith. The change of agent forms were executed accordingly. All terms and conditions including those with Ferguson Group remain the same. Virtual Capitol Hill advocacy visits are being scheduled for November ; the date is to be determined.

Coastal Storm Damage Mitigation Grant
North Carolina Division Water Resources (NCDWR) Coastal Storm Damage Mitigation grant notification in the amount of $106,000. The THB is getting the grant money for sand fencing and vegetation to build dunes. It is still subject to contract execution between the State and the Town.

Three local communities to receive DEQ grants for Hurricane Florence damage
The N.C. Department of Environmental Quality (DEQ)’s Division of Water Resources (DWR) is awarding grants to coastal communities for damages related to Hurricane Florence. Of the $11.5 million in grants awarded from the Coastal Storm Damage Mitigation Fund for projects like beach re-nourishment, dune restoration and other restoration efforts, over $2.8 million has been approved for three local communities.

Grants will be awarded for the following local projects:

    • Town of Oak Island Re-nourishment Project Phase I & II – $1,344,235.96
    • Surf City Post Florence Emergency Berm Restoration Supplemental – $1,365,573.03
    • Town of Holden Beach Sand Fence Installation – $106,000

“These grants will help restore our coastal areas damaged by Hurricane Florence and serve as a reminder that we must rebuild smarter and stronger to protect our coastal economy from the climate impacts of the future,” said Secretary of the N.C. DEQ Michael S. Regan. Six criteria were used to score the grant applications, including environmental benefits, social benefits, economic benefits, life of the project, financial resources and project efficiency.
Read more » click here

Sewer Lift Station #3
So far so good, no issues at this point in time. Project is ahead of schedule with a tentative startup date at the end of October. Contract completion date of December 18th

COVID State of Emergency
First expense reimbursement of $37,000 for initial supplies has been received. COVID continues to impact operations across all town services. They are adopting as best as they can. David has an Emergency Management Meeting with the County to discuss any adjustments  that need to be made based on the Governor’s scheduled announcement he is making this week.

Scott Cunningham has received the Wastewater Collection II Operators Certificate.

Policy note – David does not plan to penalize people during COVID for unused vacation time, the new personnel policy had verbiage regarding carrying forward unused time.

Street Paving
Letters were sent out mid-September distributing info and petition for paving. So far, there has been an extremely limited number of responses. They have till December 5th to respond.

Wholesale Water Contract
Brunswick County Contract has expired. David has had conversations with Brunsco PW Director. They  anticipate having a draft proposal at the beginning of the year, hopefully to be effective at the beginning of our  fiscal year. We don’t have to have one, but it seems like a prudent course of action.

Development Fees
HB 486 Development Fees Revision effort underway. THB staff have had some communications with Raftelis team. Anticipate early January deliverable for BOC’s consideration at that time.

Information Technology
Security cameras have been added at the Bridgeview Park, Water Tower, and Town Hall.

In Case You Missed It –

We have in the past honored Veterans, usually with a Resolution in honor of Veteran’s Day and an appreciation luncheon.

Honoring All Who Serve or Have Served
Thank you for serving our country!


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

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

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

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

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

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

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

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

Community Rating System (CRS)
The Town’s CRS rating is being lowered from eight (8) to seven (7) which will result in an additional downward adjustment to all property owners flood insurance premiums. That would be the third favorable adjustment, each with a 5% reduction of your flood insurance premiums.  To be clear, we will now enjoy a 15% reduction in flood insurance premiums due to the new lower CRS rating. Timbo has been the driving force in getting us to qualify for the lower rating allowing us to enjoy significant savings and is very much appreciated.  KUDOS!

What is the CRS?
The National Flood Insurance Program’s (NFIP) Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements.

As a result, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community actions meeting the three goals of the CRS:

      1. Reduce flood damage to insurable property;
      2. Strengthen and support the insurance aspects of the NFIP, and
      3. Encourage a comprehensive approach to floodplain management.

For CRS participating communities, flood insurance premium rates are discounted in increments of 5% (i.e., a Class 1 community would receive a 45% premium discount, while a Class 9 community would receive a 5% discount (a Class 10 is not participating in the CRS and receives no discount)). The CRS classes for local communities are based on 18 creditable activities, organized under four categories:

      1. Public Information,
      2. Mapping and Regulations,
      3. Flood Damage Reduction, and
      4. Flood Preparedness.

National Flood Insurance Program Community Rating System
For more information »
click here

NFIP Community Rating System Coordinator’s Manual   
For more information » click here

You would think that they would have wanted to share this with us before now. Who couldn’t use good news this year?

  • 12. Police Report

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

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

  • 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             Oct. agenda item
      • Dog Park                                                             January 2020             July agenda item
      • 796 OBW                                                             January 2020             Oct. agenda item
      • BPB – Dune Protection Game Plan                February 2020
      • VRBO Action Plans                                           April 2020

What’s your vision for our county?
Brunswick County launches new Blueprint Brunswick 2040 project to find out.

County encourages residents to share their ideas online or at in-person and virtual meetings this fall as it develops new comprehensive plans

Brunswick County’s Planning and Parks and Recreation departments have teamed up for a 12-month initiative called Blueprint Brunswick 2040 to craft two new plans: a Comprehensive Land Use Plan and a Parks and Recreation Master Plan. Together, these two new plans will guide future growth, decisions and investments in infrastructure and serves withing the county.
For more information » click here

Take the Online Survey
The Blueprint Brunswick 2040 Public Input Survey is now online and open for submissions. The survey consists of 28 questions and takes about 20 minutes to complete. Access the survey at BlueprintBrunswick2040.com

Participants are asked to submit their online survey by October 31, 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..

BOC’s Meeting

The Board of Commissioners’ next Regular Meeting is scheduled on the third Tuesday of the month, November 17th

The Avenue Beat song rings true:

“I am kinda done. Can we just get to 2021?”.

  • 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



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

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

With two months left, the 2020 hurricane season has a chance to set the record for most named storms
This year’s Atlantic hurricane season is on the verge of becoming the most active since 2005. The year 2005, which brought us the retired names and memorable destruction of Katrina, Rita, and Wilma, ended up with the most number of named storms ever — 28. It was also the first time the normal list of storm names was exhausted, prompting the use of names beginning with letters from the Greek alphabet. The 2020 season has about two months left. So far this year, we’ve seen 25 named storms (the average for an entire season is 12), but roughly half as many hurricanes at eight and only two major storms (Category 3 or higher). We’re up to the name Gamma, so we need three more to reach the 2005 mark in Greek names. But numbers of storms aren’t everything. This year a record was set when four storms making landfall underwent the phenomenon known as rapid intensification. That happens when a storm’s maximum speed increases by 35 mph in a 24-hour period. Hanna was first, jumping from 45 to 80 mph maximum winds in 24 hours on July 25, prior to its landfall on Padre Island, Texas. In late August, as Laura was bearing down on the Louisiana coast, it’s maximum winds leaped from 65 mph to 110 mph from 5 a.m. August 25 to 5 a.m. August 26. It made landfall near Cameron, Louisiana, early on August 27. A few weeks later, Sally astounded weather-watchers everywhere when it only took 12 hours for the winds to rocket from 60 mph to 100 mph on September 14. Two days later, it came ashore in Gulf Shores, Alabama. On Saturday, Gamma made landfall on the Yucatan Peninsula. While not quite a hurricane when doing so, it did intensify from a tropical depression with 35 mph winds Friday to 70 mph when it made landfall 24 hours later. While September 2020 ended quietly for Atlantic tropical cyclones, it produced a record 10 named storms during the month (Nana, Omar, Paulette, Rene, Sally, Teddy, Vicky, Wilfred, Alpha and Beta). This broke old Atlantic September record of 8 named storm formations. #hurricanepic.twitter.com/aOXbF70i4C
— Philip Klotzbach (@philklotzbach) September 30, 2020The month of September also produced a record 10 named storms: Nana, Omar, Paulette, Rene, Sally, Teddy, Vicky, Wilfred, Alpha and Beta. The old record was eight.
The season is not over yet
October is the third most active month of the Atlantic hurricane season, behind September (first) and August (second). During an average season, we see about two named storms in October and one in November. If this were a “normal” hurricane season, we would still likely have a few more storms possible through the end of November.
But this year is not a “normal” season. It has been forecast for months to be very active. Back in August, the National Oceanic and Atmospheric Administration (NOAA) updated the hurricane season forecast and called for 19 to 25 named storms. Prior to this, the agency had never forecast up to 25 storms in a season. As of Saturday, the National Hurricane Center (NHC) was tracking three other potential systems in the Atlantic. Two are located in the central Atlantic Ocean and look the least promising with only a 10-20% chance of intensifying over the next five days. The more impressive-looking tropical disturbance, currently located near Jamaica, has been given a 60% chance of development by the NHC. This system, referred to as Invest 92-L, could take aim at the very warm waters of the Gulf of Mexico. Some long-range models are projecting it could land there by the middle of next week and, more importantly, intensify to hurricane strength. If it earns a name, next on the list is the Greek letter Delta. Obviously, there is lot of time between now and then so this system will have to be watched very carefully. However, unlike Gamma, whose northward motion is currently being stunted by a stationary front, Invest-92 could have fewer obstacles to clear to be added to this year’s very long list. While the Atlantic hurricane season has already been very active, it’s not over yet. Technically the season does not end until November 30, but some years storms have continued well after that.
Read more » click here

Major disaster declaration granted for 15 N.C. counties hit hard by Hurricane Isaias
The White House and FEMA have granted a major disaster declaration for 15 counties in North Carolina recovering from Hurricane Isaias. “This declaration from our federal partners will help us rebuild stronger and smarter, so our communities can recover from the damage done by Hurricane Isaias,” said Gov. Roy Cooper. The declaration covers Beaufort, Bertie, Brunswick, Carteret, Chowan, Columbus, Craven, Hertford, Hyde, Jones, New Hanover, Onslow, Pamlico, Pender, and Pitt counties. According to the governor’s office, the declaration “provides federal reimbursement to county and state governments and some nonprofit organizations for much of the cost to respond to the storm and repair damaged infrastructure. It can also provide federal reimbursement for debris removal as well as search and rescue operations, hazardous material clean up, meals, generators, fuel and more.”
Read more » click here 

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Lou’s Views . HBPOIN.          

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