12 – Town Meeting

Lou’s Views

“Unofficial” Minutes & Comments


BOC’s Public Hearing / Regular Meeting 12/15/20

Board of Commissioners’ Agenda Packet click here

Audio Recording » click here


BOC’s Public Hearing


PUBLIC HEARING: Town of Holden Beach Land Use Plan

Wes MacLeod Local Government Services Director with  the Cape Fear Council of Governments, and our Planning & Inspections Director Tim Evans briefly reviewed the process and recognized the contributions made by the Land Use Plan Steering Committee.

Public Comments –
They read the letter submitted from Vicki Myers, Chairman of the Land Use Plan Steering Committee. Her letter thanked the members of the committee and recognized them for the time, effort, and commitment to produce the Land Use Plan.

The Land Use Plan Steering Committee members consisted of the 2018 Planning and Zoning Board:  

Chair:                           Vicki Myers
Vice Chair:                   Mark Fleischhauer,
Secretary:                    Tracey Thomas,
Regular Members:      Bob Hunter & Greg Shue
Alternates:                   Woody Tyner & Pete Pallas
Public:                           Anne Arnold, Kathy Gaines, and Dwight Willis


BOC’s Regular Meeting


1. Discussion and Possible Action on Land Use Plan – Wes MacLeod, Cape Fear Council of Governments (Inspections Director Evans)

Agenda Packet –
Land Use Plan Draft » click here  


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

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

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

Previously reported – October 2020
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.

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.

Update –
Wes spoke again stating that they have been working on the LUP for the last four (4) years and that has been approved by all the parties involved. The next step in the process is for the BOC’s to formally adopt the plan. Since the Ordinance cannot be adopted until after 24 hours  from the time of the Public Hearing the plan is for them to include it on the agenda for the next scheduled Board meeting.


2. Police Report –Chief Dixon

Police Patch.
Jeremy requested that we all use caution if driving during the holiday season. There is lots of traffic during the holiday and statistically the country has an average 119 fatalities a day. Please drive safely!

.

It’s that time of year, rental season ends, and break-in season officially starts.
W
e 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.


Murder Investigation

Previously reported – May 2019
Modern technology meets old school: How law enforcement investigated the suspected Holden Beach murderer
The tiny beach town of Holden was rocked when 71-year-old Judy Brock was murdered, allegedly by her husband. Find out how authorities made their case using data stored by cell phone and internet companies.

Modern communications technology paired with old-fashioned interview tactics are helping at least nine agencies build a strong case against Phillip Brock, a 71-year-old indicted last week for the first-degree murder of his wife. From the day Brock first reported his wife missing until the first week of April, 15 search warrants have been issued. Some search warrants are what one might expect in a murder investigation: a property search, DNA and cheek swab collection, or bank transaction tracking. But others, like those with a 48-hour return directive — effectively a legal rush-order — to out-of-state companies including Yahoo!, Google, and Verizon Wireless, show how law enforcement agencies are taking advantage of ubiquitous data collection practices that are more often used to sell targeted advertising. Traditional investigative techniques, like noticing inconsistencies in an interview, opened up suspicion against Phillip Brock. Brock called 911 to report his wife missing at 3:16 p.m. on March 15. Fine-tuned location data — sourced from a cell phone — could further reveal Brock’s precise movement that day — information that could remove any doubt about his involvement in Judy Brock’s murder. And communication records, which were examined alongside cellphone use, could help the prosecution clear up any suspicion about Rhen Wise, Brock’s alleged mistress, and the extent — if any — of her involvement in the murder; initial communication records show Wise continued to communicate with Brock after his wife’s murder for five days, until his arrest on March 20. Warrants cite the pervasive nature of cell phone use as part of their usefulness in tracking behavior. Cell phones “generally geographically mirror their user’s pattern of movement over time,” multiple warrants in the Brock case state.

Suspicion
The investigation began as a missing person case. After Brock reported his wife missing, officers conducted an initial search of his waterfront Holden Beach home. No signs of forced entry were present. Initial forensics conducted on Judy Brock’s cell phone — which was left at the residence — showed her husband texted her at 8:02 and 8:03 a.m., with no response. He told investigators he left home that morning at 5:45 a.m. and that his wife was still sleeping. Forensics conducted on Brock’s phone showed data before and during March 15 had been deleted. According to the search warrant to Google Inc., issued on March 18, deleting communication records to conceal them from law enforcement can show “consciousness of guilt,” information that can help prosecutors frame motive and intent to commit a crime. Information Google Inc. provides — which according to the warrant is likely to be stored both inside and outside the U.S. — “may tend to identify potential witnesses and/or suspects” in a “chronological and geographic context.” These initial forensics also showed Google searches from two weeks prior for escort services near South Carolina. This information served as probable cause to serve the first two search warrants on March 18: the first to Verizon Wireless and the second to Google Inc. At this point in the case, Judy Brock’s disappearance was being investigated as an “endangered missing person suspected by foul play.” Investigators believed Judy Brock could still be alive. After issuing the first search warrant to Verizon Wireless on the afternoon of March 18, Major Laurie Watson with the Brunswick County Sheriff’s Office re-faxed it twice the next morning, at 7:03 a.m. and at 8:51 a.m. with the urgent message: “I am requesting [range to tower records] as soon as possible in hopes of finding her alive.” According to the law firm Yavitch & Palmer, Verizon Wireless stores range-to-tower records, or RTT data. RTT data helps narrow down the distance from a device to a cell tower (or multiple cell towers) at the time of receiving or placing a call or text message. This type of data can track a device’s precise measurement to about one-tenth of a mile. But it’s only maintained by carriers for less than two weeks. Major Watson also requested the location of each of Verizon’s cell sites (equipment including antennas that transmit signals) and towers (the structures sites are attached to), including the horizontal beam widths and orientations of the cell sites.

Locking down location
It wasn’t until officers searched the Brocks’ Holden Beach property on Greensboro Street that they discovered data tying Phillip Brock to the crime. The property was searched on March 20, the warrant shows, which included a search of vehicles at the scene. Forensics from showed Brock’s 2018 Ford 150 revealed recent GPS locations in Sampson County — a location Brock told investigators he had not been to in months. The locations tied Brock to Wright Bridge Road – a 3.5-mile road that cuts around several acres of woods off U.S. 701 in Sampson County. Later that day, multiple law enforcement agencies found Judy Brock’s body in the same location, after discovering tire tracks and freshly disturbed ground off Wright Bridge Road. Phillip Brock was arrested at 5:30 p.m. following the discovery.

Ongoing investigation, expanded focus
New search warrants show the focus has expanded to Brock’s suspected mistress, who continued to communicate with him for at least five days after Judy Brock’s suspected time of death. Bank records revealed a financial relationship between Brock and Wise, in which Brock paid Wise’s phone bill, provided her with credit cards, and gave her funds and covered other expenses. The two also met in several hotels since 2018, according to an April 4 warrant for Wise’s Yahoo! records tied to her email account. Holden Beach Police Department, which still is handling the case according to a Brunswick County Sheriff’s Office spokesperson, did not respond to multiple inquiries. It’s not clear whether Wise is a suspect — as of April 29, Wise has not been arrested by the Brunswick County Sheriff’s Office. It appears that, from an investigative side, the state has more than what it needs; after a review of Brock’s court file Wednesday, no new search warrants have been issued since April 4. On April 15, a grand jury returned a bill of indictment after hearing evidence presented by Watson and Detective John Duncan of the Holden Beach Police Department. Brock’s murder marks the first for the small beach town, home to less than 1,000 residents.
Read more » click here

Previously reported – May 2020
Holden Beach man accused of killing wife to stand trial Nov. 16
The husband of Judy Brown Brock, who was murdered more than a year ago, is set to go to trial on a first-degree murder charge Monday, Nov. 16. Phillip Harry Brock, 72, was charged with murder in March 2019 and has been incarcerated at the Brunswick County Detention Facility since his arrest. Brock was indicted on a first-degree murder charge April 15, 2019, said assistant district attorney Glenn Emery, the lead prosecutor on the case. If Phillip Brock is convicted of first-degree murder, he faces life in prison without the possibility of parole, Emery said. Brunswick County Detention Facility records show Phillip Brock was booked into the jail at 5:30 p.m. Wednesday, March 20, 2019, on a first-degree murder charge on no bail. The Holden Beach Police Department was the arresting agency. According to a Holden Beach Police Department news release, law enforcement agencies found Judy Brown Brock’s body in a wooded area in Sampson County on March 20, 2019.A Silver Alert was issued for her the previous Saturday by the North Carolina Center for Missing Persons. The Brunswick County Sheriff’s Office, the North Carolina State Bureau of Investigation, Ocean Isle Beach police, the North Carolina DMV License and Theft Bureau, Tri-Beach Volunteer Fire Department, Brunswick County Search and Rescue, the Sampson County Sheriff’s Office, Garland Fire Department and District Attorney Jon David assisted in the investigation, which is ongoing. Brock made his first court appearance at the Brunswick County Courthouse the morning after his arrest. District Court Judge Scott Ussery assigned Brock attorney Teresa Gibson of Shallotte as Brock’s provisional lawyer and denied Brock bail at the request of Assistant District Attorney Glenn Emery. Oak Island-based lawyer Ed Geddings is now representing Phillip Brock on the first-degree murder charge. Emery told Ussery in court in March 2019 that it appears Brock put out the Silver Alert for his wife to cover up his tracks, and law enforcement learned she had no cognitive impairments. Emery said Brock then turned off the GPS in his phone and attempted to turn off the GPS in his 2018 Ford F-150 but was unsuccessful, leading law enforcement to track his vehicle to Sampson County where his wife’s body was discovered.
Read more » click here

Update –
Holden Beach man sentenced to 20-25 years for 2019 murder of wife
A Holden Beach man charged with killing his wife last year will serve the next two decades in prison after pleading guilty to second-degree murder. Phillip Brock, 73, was sentenced Wednesday in Brunswick County Superior Court for the March 15, 2019, murder of Judy Patricia Brock. Initially reported by her husband as a missing person, Judy Brock was found dead in a wooded area in Sampson County. During an investigation, Phillip Brock became a suspect after detectives found he had disabled the GPS system on his mobile phone and attempted unsuccessfully to disable the GPS device on his 2018 Ford F-150 truck. Detectives tied several pieces of evidence found at the Sampson County burial site to Phillip Brock’s home and truck. Brock, who has been incarcerated at the Brunswick County Detention Center following his arrest last year, will serve an active sentence of 240 to 300 months in the North Carolina Department of Adult Corrections. The investigation was a collaborative effort of the Holden Beach Police Department, Brunswick County Sheriff’s Office, State Bureau of Investigation, and a number of other local law enforcement agencies, according to a press release issued Wednesday afternoon by District Attorney Jon David’s office.
Read more » click here

Holden Beach man pleads guilty to murdering his wife

Brunswick County man pleads guilty to murdering his wife

Holden Beach man sentenced to 20 years in prison for murdering wife


Neighborhood Watch

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

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

Keep Check Request Form
. a) Complete the form and return it to the Police Department
. b)
Officers check your property in your absence

Property Registration Form.
. a)
Record of items in your home that have a value of over $100
. b)
Complete the form and return it to the Police Department


3. Discussion and Possible Approval of 2021 Board of Commissioners’ Meeting Schedule – Town Clerk Finnell

Agenda Packet –
Enclosed is the proposed 202 l Board of Commissioners’ Regular Meeting Schedule. All dates reflect the third Tuesday of the month. Staff recommends approval.

2021 BOARD OF COMMISSIONERS’ MEETING SCHEDULE
Regular Meetings are held at 5:00pm on the third Tuesday of each month

JANUARY 19th 
FEBRUARY 16th
MARCH 16th
APRIL 20th 

MAY 18th
JUNE 15th
JULY 20th 
AUGUST 17th
SEPTEMBER 21st
OCTOBER 19th
NOVEMBER 16th
DECEMBER 21st

Update –
Meeting schedule was adopted with no changes.

A decision was made – Approved unanimously


4. Discussion and Possible Action on Mayor Pro Tem Position – Town Clerk Finnell

Agenda Packet –
The Code of Ordinances reads that the Board shall elect a mayor pro tern from one of its members. The normal term of office of the mayor pro tern shall be one year, commencing at the first regular meeting in December: provide, however that the member shall serve at the pleasure of the Board.

Per the ordinance, the Board may choose to extend the current term of Mayor Pro Tem Brown or select another member to serve as the mayor pro tern.

Previously reported – December 2019
Per Town Ordinance §30.05 and North Carolina General Statute §160A-70
§30.05 MAYOR PRO TEMPORE AND EXECUTIVE SECRETARY
The BOC shall elect from one of its members: (1) a Mayor Pro Tempore, and (2) an Executive Secretary, who shall not be the same member. The normal term of office of both the Mayor Pro Tempore and the Executive Secretary shall be one year, commencing at the first regular meeting in December; provide, however that each shall serve at the pleasure of the BOC.

The Mayor Pro Tempore shall discharge the duties and exercise the powers and authority of Mayor in the absence, disability, disqualification of the Mayor and during a vacancy in the office of Mayor; provided his or her rights and duties as BOC shall remain unimpaired; except he or she shall receive the salary or expenses of Mayor when serving in that capacity.  No additional oath of office shall be required of the Mayor Pro Tempore upon assuming the duties of the Mayor beyond that oath taken at the time of appointment to Mayor Pro Tempore.

The selection of Mayor Pro Tem is at the discretion of the other elected commissioners.

Update –
Discussion and Nomination of Board Member to the Mayor Pro Tem Position
Commissioner Sullivan made a motion to nominate Gerald Brown for
Mayor Pro Tem
Commissioner Brown was elected to serve as Mayor Pro Tem for another year

A decision was made – Approved unanimously


5. Discussion and Possible Approval of Ordinance 20-16, An Ordinance Amending Ordinance 20-10, The Revenues and Appropriations Ordinance for Fiscal Year 2020 – 2021 (Amendment No. 5) – Town Manager Hewett

Agenda Packet –
Occupancy Tax and Coastal Storm Damage Mitigation Dune Building Grant Budget Amendment
The attached budget amendment provides for a midyear adjustment to the BPART Fund based on the performance of accommodations tax collections to date and the successful procurement of a NC DWR grant. The proposed budget adjustment replaces previously appropriated fund balance ($671,400) in the current year operations budget with occupancy tax collections and revenues from a NC Division of Water Resources Coastal Storm Damage Mitigation grant while providing for the required transfer of occupancy taxes to Brunswick County ($196,880) in addition to appropriating funds for a year’s worth of federal advocacy ($119,700), anticipated parks and recreation master plan update expenses ($12,288) and offshore sand search funding ($305,000).

Approval of the attached Budget Amendment is required before consideration and approval can be given to the acceptance of the grant and/or the Ward & Smith agreement subsequently in your agenda.

Moved funds of $633,868
From Revenue account
Accommodations Tax               #50.0302.0000            $1,199,268      Increase
Miscellaneous BPART               #50.0336.0000            $106,000         Increase
Fund Balance Appropriated    #50.0399.0000            $671,400         Decrease

To Expense account
Transfer County  Tax                #50.0401.0000            $196,880         Increase
Professional services                #50.0710.0400            $436,988         Increase

Update –
David stated that the abridged version is that we collected twice as much occupancy tax that we budgeted for. This Ordinance adjusts our budget so that revenues equals expenses as required by the fiscal control act.

A decision was made – Approved unanimously


6. Consideration and Possible Action to Approve NC Division of Water Resources Coastal Storm Damage Mitigation $106,000 Grant – Assistant Town Manager Ferguson
.       a) Resolution 20-14, Coastal Storm Damage Mitigation Grant
.       b) Conflict of Interest Policy

Agenda Packet –
Coastal Storm Damage Mitigation (Dune Building) Grant
The Town has been awarded a $106,000 Dune Building Grant from the NC Division of Water Resources (Atch 1) subject to the successful execution of a grant contract.

Recommend Board approve the grant by adopting Resolution 20-14 “Coastal Storm Damage Grant” at Atch 2; in addition to adopting the grant’s required Conflict of Interest Policy at Atch 3 and authorize the Town Manager to execute all administrative tasks.

Three Attachments:

      1. DWR Grant notification letter 2 October
      2. Resolution 20-14; “Coastal Storm Damage Mitigation Grant “
      3. Conflict of Interest Policy

Update –
Adopted resolution as submitted

A decision was made – Approved unanimously


7. Discussion and Possible Action on Engagement Letter Between the Town and Ward and Smith, P.A. – Assistant Town Manager Ferguson

Agenda Packet –
Engagement of Ward and Smith Governmental Matters
The Town has utilized the services of Congressman Mike McIntyre et al to aid with various governmental matters related to beach nourishment and inlet maintenance via its agreement initially with Poyner Spruill and subsequently with his move to Ward and Smith.

Results of these efforts have led to the Town currently being positioned to receive consideration for a US Army Corps of Engineers study to evaluate the potential of federal funding for beach nourishment at Holden Beach and that the Town’s position regarding Lockwood Folly Inlet maintenance dredging with concurrent placement of beach compatible sand on Holden Beach continue to be articulated at the federal level.

The existing engagement term ends 31 December 2020. The services retainer for a new agreement proposed by Ward and Smith is $7,975 per month with an annual total estimated advocacy cost of $119,700.

If the Board wishes to continue with federal advocacy for the upcoming calendar year it  must approve the attached engagement letter with Ward and Smith.

Previously reported – October 2020
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 meetings scheduled for November to conduct Capitol Hill advocacy briefings with Congressional delegation and Federal agencies.

Update –
Motion was made to engage Ward & Smith for the coming year

A decision was made – Approved unanimously


8. Discussion and Possible Action on Ordinance 20-17, An Ordinance Amending the Holden Beach Code of Ordinances, Section 94.03: Frontal Dune Policy and Regulations – Inspections Director Evans

Agenda Packet –
Staff Initiated Text Amendments
The Planning staff are asking the Board to consider the provided changes to the Town’s Code of Ordinances. Over the course of the last 11 years, we have at the request of the Town Board and citizens made changes to numerous sections within the code. These two current changes are needed corrections that will help to ensure maximum use of individuals’ property, while maintaining consistency with the original intent.

These staff-initiated changes are to correct discrepancies brought to fruition from questions and consultation posed by both the public and Town officials.

These changes will provide for better use of properties.

Benefits are:

      1. An increase in property tax values, better marketability
      2. Increase in parking area
      3. Fair use of property across flood zones
      4. Structure flexibility
      5. Aesthetics
      6. Safety

TOWN OF HOLDEN BEACH ORDINANCE 20-17
AN ORDINANCE AMENDING THE HOLDEN BEACH CODE OF ORDINANCES, SECTION 94.03: FRONTAL DUNE POLICY AND REGULATIONS

Proposed Change »
Exception: Swimming Pools maybe located south of the town’s designated  frontal dune, placement of pools and decking shall not extend more than 50 feet from the established seaward toe of designated frontal dune. This exception only applies when the CAMA dune is more seaward than the town’s frontal dune.

Update –
Timbo explained his rationale for requested zoning change that addresses only oceanfront pools. Motion was made to have Public Hearing for requested zoning change at the next scheduled Board meeting.

A decision was made – Approved unanimously


  • 9. Discussion and Possible Action on Ordinance 20-18, An Ordinance Amending the Holden Beach Code of Ordinances, Section 157.006: Definitions (Height Measuring Point) –Inspections Director Evans


    Agenda Packet –

    TOWN OF HOLDEN BEACH ORDINANCE 20-18

    AN ORDINANCE AMENDING THE  HOLDEN BEACH CODE OF ORDINANCES, SECTION 157.006: DEFINITIONS (HEIGHT MEASURING POINT)

    Proposed Change »
    Exception: structure located in X zones may be measured as written in (1) (a) with a maximum height of 31feet from the established Height Measuring Point.

    Update –
    All proposed amendments to the zoning ordinance must go through Planning & Zoning Board for review, comments, and a consistency statement. In other words, this is not kosher. Town Manager said this issue needs to be addressed, his recommendation is that it be sent to P&Z Board. Commissioner Sullivan requested that the previous agenda item also be sent to P&Z too since it is also is a zoning change that would require a consistency statement. Directive will be sent to P&Z with required thirty-day response, turnaround.
    This is contingent upon Mayor Holden amending the State of Emergency order  to allow the meeting.

    §160A-383. (Repealed effective January 1, 2021) Purposes in view.
    (a) Zoning regulations shall be made in accordance with a comprehensive plan.
    (b) Prior to adopting or rejecting any zoning amendment, the governing board shall adopt one of the following statements which shall not be subject to judicial review:

        • (1) A statement approving the zoning amendment and describing its consistency with an adopted comprehensive plan and explaining why the action taken is reasonable and in the public interest.
          (2) A statement rejecting the zoning amendment and describing its inconsistency with an adopted comprehensive plan and explaining why the action taken is reasonable and in the public interest.
          (3) A statement approving the zoning amendment and containing at least all of the following:

          • A declaration that the approval is also deemed an amendment to the

          comprehensive plan. The governing board shall not require any additional request or application for amendment to the comprehensive plan.

          • An explanation of the change in conditions the governing board took

          into account in amending the zoning ordinance to meet the development needs of the community.

            Why the action was reasonable and in the public interest.

(c) Prior to consideration by the governing board of the proposed zoning amendment, the planning board shall advise and comment on whether the proposed amendment is consistent with any comprehensive plan. The planning board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board.

§160A-387. (Repealed effective January 1, 2021) Planning board; zoning plan; certification to city council.In order to initially exercise the powers conferred by this Part, a city council shall create or designate a planning board under the provisions of this Article or of a special act of the General Assembly. The planning board shall prepare or shall review and comment upon a proposed zoning ordinance, including both the full text of such ordinance and maps showing proposed district boundaries. The planning board may hold public hearings in the course of preparing the ordinance. Upon completion, the planning board shall make a written recommendation regarding adoption of the ordinance to the city council. The city council shall not hold its required public hearing or take action until it has received a recommendation regarding ordinance from the planning board. Following its required public hearing, the city council may refer the ordinance back to the planning board for any further recommendations that the board may wish to make prior to final action by the city council in adopting, modifying, and adopting, or rejecting the ordinance.

Subsequent to initial adoption of a zoning ordinance, all proposed amendments to the zoning ordinance or zoning map shall be submitted to the planning board for review and comment. If no written report is received from the planning board within 30 days of referral of the amendment to that board, the governing board may proceed in its consideration of the amendment without the planning board report. The governing board is not bound by the recommendations, if any, of the planning board. 


10. Town Manager’s Report

LWF  Maintenance Project
USACE plan is in place for the LWF inlet maintenance project. Five events per year, at a cost of  approximately one million dollars just for side-caster dredger. Funding commitments are not in place yet, THB cost share would be roughly $60,000. That’s as close as we have been to having an annual maintenance program for the inlet.

The Merritt is scheduled to begin dredging December 27th for twenty-one days, USACE has funding in place.

USACE Merritt
The Merritt is a side-cast dredge that has two drag arms on each side of the vessel that operators lower into the water. The dredge removes sediment from the bottom and pumps it through a discharge pipe outside of the channel and into the direction of the current. It can dredge to a depth of up to 20 feet. The Merritt is especially suited for maintenance of shallow, un-stabilized inlets where larger hopper dredges cannot operate due to strong currents and ocean environment.

Hurricane Isaias
All categories have been submitted to FEMA for reimbursement and are under review by the federal program manager

RSM Internal Control Report
They have implemented changes to current practices for the four (4) elements that needed to be addressed
Previously reported – June 2018  
The Audit Committee selected the firm RSM from Morehead City for the internal control Review.
Recommendation is to obtain firm with a not to exceed price of $20,000. Scope of work subject to approval from The North Carolina Local Government Commission.

Previously reported – July 2018 
Services and Scope of Work
In developing a risk matrix for the Town, we will consider internal control relevant to the Town’s preparation and fair presentation of the financial statements in order to design assurance procedures that are appropriate in the circumstances. Our risk assessment procedures are designed to evaluate the effectiveness of the controls that are in place and to evaluate potential gaps in internal control that could lead to fraud or error in the above noted transaction cycles. Gaining an understanding of your internal control will assist us in identifying types of potential deficiencies in internal control and factors that affect the risks of material misstatement as assessed by your external auditors. We also will draw on this understanding to provide feedback in internal control risk matrix about opportunities you may have to strengthen controls or streamline processes.

Street Paving
Intent to complete petition responses and report back to the Board next month
Reiterated Town’s position again, that now is the time to do it

Previously reported – November 2020
Minimum number(20) of affirmative responses received so far
Town’s position now is the time to do it –

1. Opportunity to take advantage of low fuel prices
2. NCDOT paving projects on pause
3. Street maintenance is not cost effective without paving, particularly on Seagull

Previously reported – October 2020
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.

Sewer Lift Station #3
Winding down, pending final inspection

Previously reported – November 2020
Now in operational test mode subject to final completion and inspection
Contractor remains on schedule and within budget
Sewer Lift Station #2 upgrade process will begin in January

Previously reported – October 2020
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.

Advertise for Bids                  10/24/19
Contract Award                     01/21/20
Construction Start                03/23/20
Contract Completion            12/18/20
Closeout                                  12/31/20

System Development Fees
Preliminary fees have been calculated, on schedule to present to BOC’s at the  January Regular Meeting

Award
NC Recreation and Parks Association has selected THB for Arts and Humanities Award for our Race for the Arts Mural Project in Bridgeview Park

Parks & Rec Master Plan
Christy is reviewing the six (6) submissions and will have recommendation for Board at the  January Regular Meeting

Previously reported – November 2020
Requests for Proposal, advertised and out on the street for solicitation

Canal Grant
Canal subdivisions dredging grant was reopened and allowed us to recoup an additional $12,000 dollars

Scotch Bonnet site has become dry enough for them to plant grass there
Previously reported – January 2020
The previous space used for the dog park was converted to a canal dredging spoil site

Personnel
Chief Dixon graduated from NC Criminal Justice Leadership Academy. Only four (4) law enforcement personnel in NC  have obtained this leadership certificate

Town Hall Closed
Town Hall will be closed December 24th, 25th and 28th and January 1st for the holidays.


In Case You Missed It –

Rollout Service
Waste Industries offers rollout service, by request basis, to infirm resident homeowners


  • Loose Ends (8)

        • Waste Ordinance Enforcement Policy                        January 2019
        • Fee Based Rollout of Containers                                  January 2019
        • Commercial District / Zoning                                      February 2019
        • Dog Park                                                                          July 2020
        • Development Fees                                                          September 2020
        • 96 OBW                                                                           October 2020
        • Parking                                                                            November 2020
        • Land Use Plan                                                                December 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..


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BOC’s Meeting

The Board of Commissioners’ next Regular Meeting is scheduled on the third Tuesday of the month, January 19th
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Hurricane #1 - CR

 

Hurricane Season
For more information » click here

Be prepared – have a plan!

.v.
...

  • A hurricane season for the record books
    Starting with the first storm, which struck two weeks before the official start of the Atlantic season on June 1, this year has now seen 30 named storms — 13 of them hurricanes — breaking a record set in 2005, when 28 storms grew strong enough to be named. This is only the second time — after 2005, the year Hurricane Katrina hit the Gulf Coast — that meteorologists have exhausted the list of storm names in alphabetical order and moved on to the 24-letter Greek alphabet.

This relentless Atlantic hurricane season has put nearly every mile of coastline from Texas to Maine on alert
People along nearly every mile of coastline from Texas to Maine have been put on alert this Atlantic hurricane season, as 12 of 29 storms made landfall in the United States in this record-setting year.
Read more » click here


Hurricane season ends after record 30 named storms, 12 U.S. landfalls
Over six long months, 30 named storms – from Arthur to Iota – spun around somewhere in the Atlantic, with the 2020 hurricane season breaking records left and right. That all ends Monday. Officially, anyway. The 2020 Atlantic hurricane season – which ran from June 1 to Nov. 30 – produced 30 named storms, 12 of which made landfall in the United States, shattering the record of nine, set over a century ago. This year was also the fifth year in a row with above-normal activity, according to the National Oceanic and Atmospheric Administration. While the official end of the hurricane season is Monday, storms have been known to crop up all the way into December. Meteorologists are monitoring an area of disturbed weather several hundred miles southeast of Bermuda for possible development. If the disturbance becomes a tropical storm, it would be named Kappa. 


Budget Season –
Every year we talk about starting the budget process earlier.
Every year it wasn’t moved up in any meaningful way.
Every year the Board is still not really working on the budget until the eleventh hour.
I am disappointed that we have not even established the budget meeting schedule yet. 



I respectfully submit My Xmas List

These are the items I would most like to see addressed this year.
. 1.
Beach – Strand / Inlet / Groin
.   a)
Select an East End nourishment project strategy
.   b)
Support LWF Inlet waterway maintenance projects, keeping inlet navigable
.   c)
Work together on beach protection issues with surrounding communities
.   d)
Increase Beach Strand Ordinance Compliance & Enforcement
.

. 2.
Parking
.   a)
Develop plans for a promenade on Jordan Boulevard
.   b)
Utilize acquired properties for additional parking
.   c)
Prohibit right-of-way parking

. 3. Trash Services
.   a)
Offer a suite of services
.   b)
Charge a user fee for those that want the service
.   c)
Make policies both fair and consistent
.   d) Town should address noncompliance issues


Lou’s Views –
The views expressed here are simply my opinion based on the facts as I understand them. I have no hidden agenda, no ax to grind, or any political ambition. I’m simply attempting to keep the community informed on what actually is going on here. I just tell it like it is and that is why people read the newsletter. After all it is called “Lou’s Views”! I welcome updates, clarifications or a correction to any fact I have stated which have changed or was inadvertently stated incorrectly.


Website policy –
We have had a number of inquiries lately about our website policies. We do not have an official policy per se. In general, we do not accept paid ads, associates or links for our website. Approved Vendor List as well as Advertisement – not paid for is based on my personal experience as a homeowner and as a property manager here on Holden Beach. Associates are simply personal friends that have a local business. Links are to websites that provide information that are of public significance. We invite you to share with us anything that you feel our readers would want to know too. We hope you find our website useful.


Request –
We encourage you to pass along this newsletter to anyone else you think would enjoy it. We would like to include other members of the community and are asking for your help in making that happen. To be added to our distribution list send an e-mail to Lousviews.hbpoin@gmail.com  or subscribe on our website https://lousviews.com.

Thank you for subscribing!


Disclaimer –
. 1) Not official correspondence from the Town
. 2)
Not affiliated with Holden Beach Property Owners Association (HBPOA)


Wishing you and yours a Happy Holiday!


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Then please forward it to a friend!


Lou’s Views . HBPOIN


.           • Gather and disseminate information
.           • Identify the issues and determine how they affect you

.           • Act as a watchdog
.           • Grass roots monthly newsletter since 2008

https://lousviews.com/