08 – Town Meeting

Lou’s Views

“Unofficial” Minutes & Comments

BOC’s Public Hearing / Regular Meeting 08/17/21

Board of Commissioners’ Agenda Packet click here

Audio Recording » click here

BOC’s Public Hearing

PUBLIC HEARING: Ordinance 21-24, An Ordinance Amending Holden Beach Code of Ordinances, Chapter 157: Zoning Code (Pools)

Ordinance amendment prohibiting pools in the front yard setback.

BOC’s Regular Meeting

1. Police Report – Chief Jeremy Dixon

Police Patch
Jeremy reviewed the actions that were taken by them last month –
• Department issued 70 parking citations
• They h
ad 94 traffic stops, issued 49 citations resulting in 62 charges


In an effort to keep the weekend traffic flowing smoothly, the Police Department shut down the left turn lane at the foot of the Holden Beach Bridge from NC130 onto Ocean Boulevard. They got a lot of positive feedback. It looks like it works, and they plan to do this every weekend through Labor Day. Brilliant!

Home stretch, only twenty (20) days left to Labor Day (09/06/21)

We are going into the more active hurricane period which is from August to October –
Be Prepared!

A reminder of the Town’s beach strand ordinances:
Chapter 90 / Animals / § 90.20 / Responsibilities of owners
pets are not allowed on the beach strand except between 5p.m. and 9a.m. daily
dog’s must be on a leash at all times
owner’s need to clean up after their animals
Chapter 94 / Beach regulations / § 94.05 / Digging of holes on beach strand
digging holes greater than 12 inches deep without responsible person there
holes shall be filled in prior to leaving
Chapter 94 / Beach regulations / § 94.06 / Placing obstructions on the beach strand
all unattended beach equipment must be removed daily by 6:00pm

Pets on the beach strand
Pets – Chapter 90 / Animals / §90.20
Pets must be on a leash at all times on the island.
From May 20th through September 10th
It is unlawful to have any pet on the beach strand
. * During the hours of 9:00am through 5:00pm

Unattended Gear
Ordinance §94.06 was passed on September 14, 2010. All unattended beach equipment must be removed from the beach by its owner or permitted user daily. All unattended personal equipment remaining on the beach between the hours of 6PM and 7AM will be classified as abandoned property and will be disposed of by the Town.

Golf Carts
Golf carts are treated the same as other automotive vehicles. Town ordinances state no parking anytime on OBW. Therefore golf carts are illegally parked when left by any beach access points.

(1) All vehicles must be as far off the public street rights-of-way as possible; and
(2) No vehicle may be left parked on any portion of any roadway; and
(3) No vehicle may be parked on portion of the sidewalk.

2. Discussion and Possible Action on Ordinance 21-24, An Ordinance Amending Holden Beach Code of Ordinances, Chapter 157: Zoning Code (Pools) – Inspections Director Evans

Agenda Packet –
Staff has reviewed and recommends consideration by the Board of Commissioners the amendments to sections 157.0Gl(D)(G)(c) and 157.060(0)(7){c).

Staff believes that the above-mentioned text amendments will help insure a healthy safe environment for the town of Holden Beach. While pools have become a staple in the rental business, most lots without exception will not accommodate pools, and it’s the staff’s beliefs that the town never intended to provide exceptions for pools in the front yard. As a matter of record staff has concluded that the ordinance allowing for such use was meant to keep clear those front yard setbacks of any such amenities to secure best-case scenarios for impervious runoff. The Town of Holden Beach has recognized in the past, and it is true currently that overflow parking is a must at most rental locations. The state of North Carolina makes it extremely hard to control the number of people located in a dwelling. The town does have a mandatory parking requirement. It is imperative that the town recognize the benefits of keeping as much space open for occupants to use for parking.

Staff believes that there is a real danger in swimming pools located so close to the street rights-of-way as many are in the 25-foot setback area, providing direct access for an amenity that has been declared and identified as an attractive nuisance. Pools are considered so dangerous that the North Carolina Building Code has specific Safety requirements and an independent code section just for pools.

Sections 157.061(0)(6) and 157.060(0)(7), that allows for the unintended exception can be corrected with the above-mentioned text amendment .

This text amendment was generated by staff and supported by Commissioner Sullivan, Planning Board Chair Vicki Myers.

Added following verbiage: pools are prohibited within the front yard setback

Town of Holden Beach Planning & Zoning Board
Statement of Consistency and Zoning Recommendation

The Town of Holden Beach Planning & Zoning Board has reviewed and hereby recommends approval of    amendments to Chapter 157.060(D)(7)(c) and 157.061 (D)(6)(c) of the Zoning Ordinance regarding pools placed in the front setback.

After review, the Planning and Zoning Board has found that the recommended amendments are consistent with the adopted CAMA Land Use Plan and is considered reasonable and in the public interest for the following reasons.

      • Safety: Pools adjacent to public roadways increase the risk of an accident becoming more serious should the vehicle leave the roadway. Chapter 4: Analysis of Community Facilities of the adopted plan discusses the Annual Average Daily Traffic (AADT) and notes that accounting for seasonal increases in population and traffic the counts may exceed capacity of roads. This  could  lead  to additional collisions.
      • Aesthetics: Chapter 1: Introduction of the adopted Plan references that one of the community’s highest ranked desires is to “Retain and enhance community appearance” regarding the character of development on Holden Beach. Policy 5.1.C. states that the Town will ensure that development is consistent with existing aesthetic and architectural characteristics.
      • It will promote public health, safety, and general welfare within our community by reducing the risk of a dangerous accident where the risk was not present prior to the pool installation and will maintain the community’s current aesthetics.

Upon approval by the Board of Commissioners the Comprehensive Plan will be deemed amended and shall not require any additional request or application for amendment.

Previously reported – July 2021
Timbo asked them to decide if they want to accept the text amendment that will prohibit pools in the front yard setback. It was not the intent of the ordinance to allow pools in the front yard setback. Unfortunately, it inadvertently allowed them creating a safety issue and is legally called an attractive nuisance. This can be corrected by the text that he submitted to them. Any changes made to the Zoning Code requires a Public Hearing.

A decision was made – Approved (4-1)
Commissioner Smith opposed the motion

Update –
Timbo reviewed how they got to this point  and explained that pools in the front yard setback was an unintended exception. He is recommending they approve prohibiting pools in the front yard setback. Discussion focused on the ramifications for property owners that were planning on putting in a pool there. They decided to make the change effective March 1st for the public to apply for a permit, they then would  have one year after that date to actually put in the pool.

A decision was made – Approved (4-1)
Commissioners Sullivan opposed the motion

Did not realize this would be so controversial an issue. They spent an inordinate amount of time on this agenda item. They bantered around a number of cockamamie reasons about what should be the effective date of the change.

3. Discussion and Possible Approval of Ordinance 21-25, An Ordinance Amending Ordinance 20-10, The Revenues and Appropriations Ordinance for Fiscal Year 2020 – 2021 (Amendment No. 21) – Town Manager Hewett

Agenda Packet –
This amendment is to reclassify the down payment of the Vac truck and is purely a housekeeping entry that has no effect on the balance of the budget.

The recommended motion is to approve Ordinance 21-25.

Previously reported – July 2021
Discussion and Possible Approval of Ordinance 21-20, An Ordinance Amending Ordinance 20-10, The Revenues and Appropriations Ordinance for Fiscal Year 2020 –2021 (Amendment No. 20) – Town Manager Hewett

Agenda Packet –
This amendment is to assure the accordance with GASB 87. GASB 87 has recently been implemented and requires accounting for ownership transferring lease purchases to be accounted for essentially as a financing purchase.

Staff recommends: Approving Ordinance 21-20

Another housekeeping amendment. This is required for the recent Vactor truck lease purchase. It allows us to book it to capital listing which is necessary if we want a clean audit.

Moved funds of $323,851.95
From Revenue account #30.0380.0000 t
o Expense account#30.0810.7403

A decision was made – Approved unanimously

Update –
Auditor requested we reclassify the way we had this in our budget, simply another housekeeping change.

Moved funds of $45,325.78
From Expense account #30.0810.8000 to Expense account#30.0810.7403

A decision was made – Approved unanimously

4. Discussion and Possible Approval of Ordinance 21-26, An Ordinance Amending Ordinance 21-13, The Revenues and Appropriations Ordinance for Fiscal Year 2021 – 2022 (Amendment No. 2) – Town Manager Hewett

Agenda Packet –
This amendment is to add lines to the budget to properly account for money flowing in and out from the sinking fund loan for the beach renourishrnent project.

The recommended motion is to approve Ordinance 21-26.

The Town Manager acting in his capacity as Budget Officer or Finance Officer as may be appropriate is hereby authorized to affect such administrative actions as necessary to ensure compliance with the local Government Fiscal Control Act and Governmental Accounting Standards Board .

Update –
David had already reported that the loan was  approved last month. This ordinance establishes budget lines necessary to accept and disperse money from that fund.

Moved funds of $27,700,000
From Revenue account #70.0331.0100 to Expense account#70.0400.7401

A decision was made – Approved unanimously

5. Discussion and Possible Approval of Martin Starnes Engagement Letter Addendum and Related Budget Adjustment – Town Manager Hewett

Agenda Packet –
The engagement letter addendum with Martin Starnes at Atch 1 regarding supplemental fees for the auditor’s presentation and attendance at the audit committee’s review meeting prior to formal presentation of the Year Ending 30 June 2021 audit to the BOC is presented for BOC consideration. Per the auditor – the LGC said this should go in an addendum rather than as a contract amendment since it is not directly related to the audit and is outside the scope of the audit contract. The Budget Adjustment at Atch 2 provides funding for these additional services in the amount of $2,000 from within existing resources i.e., realigns the Board’s “available to appropriate” funds to the “Professional Services” line.

If the Board desires an auditor attended review and brief of the audit to the Audit Committee, it needs to approve the contract addendum and its related Budget Adjustment in the amount of $2,000.

Update –
Budget adjustment to provide funding for work outside the scope of the auditor contract.

Moved funds of $2,000
From Expense account #10.0410.0400 to Expense account#10.0410.9200

A decision was made – Approved unanimously

6. Discussion and Possible Action on Revised System Development Fees – Town Manager Hewett

Agenda Packet –
The System Development Fee Report prepared by Raftelis was approved by the Board of Commissioners at their 15 June 2021 meeting with a 1 October 2021 effective date. The chart below shows the current and proposed fees accordingly .

System Development Fee

                        Current                                Proposed                             Maximum

Water              $100 per bedroom              $460 per bedroom              $960 per bedroom
Sewer              $2,700 per bedroom           $2,240 per bedroom           $2,240 per bedroom

It is proposed to continue credit for previously remitted sewer share fees in accordance with the existing fee schedule but at the reduced proposed $2240 per bedroom rate.

Previously reported – February 2021
Draft System Development Fees Report
Calculation of Water and Sewer System Development Fees for FY2022

Agenda Packet –

The System Development Report herein has been developed by Raftelis in accordance with Board direction to develop an update prior to the expiration of its five-year shelf life. Representatives from Raftelis will provide an introductory review of the report for the Board in addition to outlining the statutory process for consideration and adoption.

Draft System Development Fee Report
The Town, like Brunswick County, has chosen to assess its system development fee for its customers based on the number of bedrooms.

Step 5 – Scale the System Development Fees for Various Categories of Demand
The system development fees for various bedroom sizes were calculated by multiplying the system development fee for one bedroom by the number of bedrooms. The resulting water and sewer system development fees for up to 4 bedrooms are shown in Table 7.

Table 7. Water and Sewer System Development Fees by Bedroom
Bedroom Size        Water Fee      Sewer Fee        Total Fee

1 Bedroom             $960                 $2,240              $3,200
2 Bedrooms           $1,920              $4,480              $6,400
3 Bedrooms           $2,880              $6,720              $9,600
4 Bedrooms           $3,840              $8,960              $12,800

The water and sewer system development fees shown represent the maximum cost justified level of system development fees that can be assessed by the Town.

Schedule 3: Summary of Current and Proposed System Development
Total System Development Fee
Bedroom Size               Current Fee     Proposed Fee     Difference $     Difference %
Cost 1 Bedroom            $2,800               $3,200                 $400                   14%
Cost 2 Bedrooms          $5,600               $6,400                 $800                   14%
Cost 3 Bedrooms          $8,400               $9,600                 $1,200                14%
Cost 4 Bedrooms          $11,200             $12,800               $1,600                14%

This is just the introduction of the draft report educating the public on how this process works. Mihaela briefly reviewed how we got here and also pointed out that this report will need to be done every five (5) years. She went step by step, explaining the methodology used which is how they determined the proposed rate for new construction. The Town has chosen to assess its system development fee for its customers based on the number of bedrooms. The water and sewer system development fees shown in Schedule 3 represent the maximum cost justified level of system development fees that can be assessed by the Town. Compared to the original McGill Associates study this represents a fairly modest fee schedule change. Just to be clear, the proposed fee schedule does not impact current homeowners just new development.

Previously reported – April 2021
Agenda Packet –
Draft System Development Fees Report Public Hearing
The draft System Development Fees Report has been published for comments for a period of 45 days as required by law. Input was solicited via the Town’s Electronic Newsletter on February 23rd and March 23rd. Prior to considering the adoption the report, the Board must hold a public hearing.

Staff suggests the Board schedule a public hearing on May 18th at 5:00 p.m. (next Regular Board of Commissioners’ meeting). Mihaela Coopersmith from Raftelis is available to attend the hearing if it is schedule for May 18th.

Motion was made to have a Public Hearing at next month’s BOC’s Regular Meeting which is scheduled on May 18th

Previously reported – May 2021
Agenda Packet –

Draft SDF Report

Draft System Development Fees Report Public Hearing
The required public hearing for the Draft System Development Fees Report is scheduled for the start of the May Regular Meeting.

Due to the requirements that we are currently following for public hearings, the Board needs to wait 24 hours from the date/time of the public hearing prior to adopting the report. Once the 24 hours expires, the Board can consider adopting the proposed report.

The report does not determine the rates the Town charges for the fees. It establishes the maximum rates the Town is able to charge. After the report is adopted, the Board can decide if they would like to amend the rates currently in place.

If the Board desires to consider adopting the proposed report, staff recommends it be placed on the June agenda.

The Board approved adopting the Draft System Development Fees Report only. The report establishes the maximum rates the Town is allowed to charge. Just to be clear, the Board still needs to determine the fees that we will charge

A decision was made – Approved unanimously

Previously reported – July 2021
Resolution 21-11
Agenda Packet –
All actions necessary to approve the adoption of the Draft System Development Fees Report as required by House Bill 436 have been carried out.

To reiterate, the report does not determine the rates the Town will charge for the fees. It establishes the maximum rates the Town is allowed to charge. After the report is adopted as provided for in Resolution 21-11, the Board can proceed with considerations to revise the existing water and sewer system fees. As discussed at the last meeting, staff proposes the report is given an effective date of October 1, 2021, if the Board desires to approve it at the June meeting. This allows time to determine what the Town’s fees will be, while retaining the current fees in place in the interim.

Recommended motion: Approval of Resolution 21-l l , Resolution Adopting the System Development Fees Report .

Development Fees * Lou’s Views (lousviews.com)

Update –
The System Development Fee Report prepared by Raftelis was approved by the Board of Commissioners at their June meeting with an October 1st effective date. David reviewed the proposal and devised a proposed fee schedule for the Board to discuss. It was not intended for it to be adopted tonight, it is being introduced for public consumption and feedback.  Adoption of the fee schedule is for consideration at next month’s meeting.

No decision was made – No action taken

System Development Fees Report 

The question that needs to be asked is:
What is the appropriate fee to charge that generates adequate revenue but does not
unduly burden new development?

McGill and Associates report dated March 2018
Engineering firm
Cost $10,000 in 2017

Raftelis report dated February 2021
Financial firm
Cost $23,858 in 2020

Equivalent Residential Unit (ERU) Capacity Fees –
based on a three-bedroom single family dwelling

Original                        $7,875             /
McGill Proposed         $20,577           261%
Current Interim          $8,400             6%
Raftelis Proposed        $9,600             14%
Town                             $9,000             7%

After spending over $30,000 and some three years later, we decide to do what?!

7. Discussion and Possible Action on Staff’s Ranking of Parking Firms – Town Manager Hewett

Agenda Packet –
The BOC tasked staff with developing a ranking of the firms that submitted responses to the RFP for Parking Management Services. The four firms submitting responses (which have been provided under separate cover previously) are Lanier, Otto, Pivot and Premium.

A decision selection matrix has been compiled with the resultant scoring assembled in the Table below.

The process to evaluate and rank the firms’ responses consisted of a scoring from 0-4 being made for each of the ten criteria contained in the RFP for each firm. The ten criteria were equally rated.  Nine staff members individually and anonymously graded each proposal by each category with totals being compiled accordingly .

Office Management/Personnel26222217
Approach of Providing Services21252811
Customer Education/Signage20232617
Equipment Maintenance1128207
Revenue Collection24252216
Enforcement/Citation Management28272514
Complaint Resolution1818207
Parking Reports/Analysis27262815

Previously reported – July 2021
Discussion and Possible Action on Parking Management Services Proposals – Town Clerk Finnell

Agenda Packet –
Parking Management Services Proposals were due to the Town on July 5th. Four companies submitted proposals: Premium Parking, Pivot Parking, Lanier Parking and Otto Connect.

Staff is requesting direction on how the Board would like to proceed.

Pivot Parking Proposal

Otto Connect Proposal

Lanier Parking Proposal

Premium Parking Services Proposal

Received proposals from four vendors, staff is looking for direction on how to proceed. Commissioner Murdock felt that the staff should be the one to make the decision since they will have to make the program work. The Board asked the Town staff to review the proposals and make a recommendation to them. David said that they would utilize a decision selection matrix and report back to them at the next scheduled meeting.

No decision was made – No action taken

Update –
David went through the process they used to create the matrix. Commissioner Murdock felt the staff should interview Otto and Premium and have them make the selection. David agreed to make the call, will bring back recommendation at the next meeting.

No decision was made – No action taken

8. Parking Committee Status & Possible Action – Commissioner Kwiatkowski

Agenda Packet –
The BOCM remit to the parking committee that was unanimously approved has an October deadline. The two (2) meetings since have been cancelled. There may be actions needed to ensure fulfillment of the remit in time for BOC review and decision on implementation of a paid parking program for 2022

Directive was Made: June 15, 2021
Directive to:
Parking Committee
Issue and Action Requested:
In order for paid parking to be successfully rolled out in Spring pf 2022, there are a number of decisions that will need to be made by the BOC before the end of 2021. The Parking Committee is asked to develop a paid parking plan with financials covering the years 2022-2025 in line with the charge questions below.
Background and Potential Implications:
With the continuing popularity and growth of Holden Beach and Brunswick County, parking on the island during many months of the year is increasingly problematic for both visitors and property owners. Additionally, increasing numbers of off island beach goers translate to increasing costs for the Town in terms of trash pickup, facilities maintenance, beach patrol and traffic control.
In order to better organize visitor parking and help defray seasonal costs, the decision has been made to implement a paid parking program starting in Spring 2022. It is important to have a clear description of the parking facilities and cost plus a communication plan for rollout of the paid parking program to avoid miscommunication and confusion.

Charge Questions:

1. Parking Lots (suggest the committee shows lots and spaces on a town map, color code for a, b, c)
a) What town owned lots currently exist and how many spaces are available for paid parking?
b) What town owned property is suitable for conversion to paid parking before next Spring and what is the estimated cost for conversion?
c) What properties (if any) are proposed for purchase and how many spaces will be available for paid parking? What is the estimated cost to purchase, assumed timeframe for establishing the parking lot and cost for conversion?

2. Financials
a) Rate proposal and date range for paid parking
Estimated gross profit associated with 1a, 1b and 1c for 2022, 2023 and 2024
c) Estimated initial costs for signage and equipment (show where on map)
d) Estimated expenses associated with 1a, 1b and 1c for 2022, 2023 and (including personnel)
e) Estimated net profit for 1a, 1b and 1c for 2022, 2023 and 2024

3. Public Communication and Engagement Plan
Who, when, where
Proposed Deadline:
No later than the October BOCM.

Editor’s Note –
Tasker is a formal request to the Committee. It outlines what information that they would like to be included in their report and clarifies their purpose. The intent is to get information needed so that the Board are able to make a decision.

Paid Parking –
Previously reported – March 2021
Almost all the public comments were against public parking in residential areas. Although there was a consensus that paid parking in commercial zones is an acceptable option. The committee met with two vendors that offer paid parking options. Both vendors offer one stop shopping, like a smorgasbord we can pick and choose what we want them to do including having them manage all elements of the program. The billing is based on a unique identifier, the vehicle license plate number. Payment can be made by text, their app or by calling them. Fees can be adjusted based on things loke activity, date, or location. Incredibly paid parking could be implemented everywhere on the island including in the rights-of-way. At first blush, this appears to potentially be a significant revenue stream for the Town.

Previously reported – April 2021
Brian discussed the two (2) paid parking presentations/proposals. The programs are very flexible and can be tailored to what we want. Paid parking has the potential to be a significant revenue stream for the Town and help offset the numerous costs we incur from the daily influx of day trippers. Commissioner Sullivan stated that we need to determine how this will work and then how we will communicate that to the public.

Previously reported – May 2021
The Board recognizes that there is a need for additional parking. But they do not want to burden our property owners with the cost of providing parking. Paid parking can provide a significant revenue stream and could recoup a lot of the expenses we currently incur. They acknowledged it does makes sense to pursue paid parking. A series of things need to be accomplished making it unlikely that they can get it done for this summer. They authorized the Town Manager to put out a Request for Proposal for paid parking. Currently there are restrictions on how you can spend funds if they are not off-street parking spots. Therefore they also authorized David to explore requesting special legislation in order to allow us to use street parking spots funds for other purposes then current legislation permits.

Holden Beach eyes paid parking
The Holden Beach board of commissioners met twice during the week of May 18 to discuss items such as setting up paid parking and how residents can send in complaints. Last Friday morning, they listened to Tim Hoppenrath, market president of Premium Parking, give a presentation on how paid parking can help the town and used Kure Beach as an example. “They were getting a big influx of people, probably due to COVID last year, coming to the beach,” he said. “And because it was free and what was happening, there was more damage. There was more trash.” Free parking was ended, and his business was hired for the parking contract. Now that town is making money off the parking. Kure Beach made a gross $156,000 in the first 41 days. The beach, he said, has 632 spaces, usually with 300 to 400 that are occupied on busy days. On the busiest day, they earned $8,000 with 560 sessions. He said there is zero start-up cost, and pay machines are solar powered so there is no electricity cost. The town would only have to pay for labor costs and management fees. The company makes a little money on the transaction fee, which is 35 cents for each transaction. Drivers only need to register their plates and pay the company in advance. If they can’t remember their plates, they can also do it based on a description of their car. If a car is caught in violation, the owner will receive a warning. If they are caught again, they can receive a citation and be sent to collections, Hoppenrath said, but collections would end up keeping most of the money, making that futile. The other option is to keep fining the driver. The goal, he said, isn’t to write citations. It is to keep people compliant. He added there will also be plenty of signs up to remind people to pay and use their plates, but not so much that it becomes “white noise.” One question the board had was about how renters will pay. Owners are already guaranteed two parking spots each, and renters would have to pay unless owners worked around that. The owner could give the renter a login and permit number. Golf carts were also brought up. One of the commissioners suggested rental companies purchase passes and permits to prove the golf cart is legal. Commissioner Brian Murdock said there will be a push to get cars off the sides of the road. Hoppenrath advised the town would also receive a portion of the earnings, which can be used how the town sees fit, including paying for the parking lots. He added there will be a surge of sign-ups for the first month or two, then it calms down. The board then requested the contract, not to sign yet but to look it over. Commissioner Pat Kwiatkowski said, “This is all very promising. But let’s be frank. We have one chance to roll this out properly.” Kwiatkowski said if they did something wrong, it will be hard to get confidence back from the residents. Kwiatkowski said they should start the program in the spring of 2022 and iron out all the details such as the terms, fees and more. She said all of this should be addressed so there isn’t confusion when they start the program. Kwiatkowski said the parking committee will have several months to work on this. The delay would also prevent inadvertent “goofs.” Other commissioners said they should start as soon as possible. They settled on looking into it further.
Read more » click here

Previously reported – June 2021
Received proposals from four vendors, staff is looking for direction on how to proceed. Commissioner Murdock felt that the staff should be the one to make the decision since they will have to make the program work. The Board asked the Town staff to review the proposals and make a recommendation to them. David said that they would utilize a decision selection matrix and report back to them at the next scheduled meeting.
No decision was made – No action taken

Update –
The Parking Committee has not met they have cancelled several meetings. Actions are needed for BOC’s to review and make a decision on implementation of a paid parking program for 2022. Patty recommended that at least some of the tasker, charge questions part 1, should be handed off to Town staff since they already have the information. David said “sure” they can do it. Board tasked the Town with preparing information for the next meeting.

A decision was made – Approved unanimously

9. Discussion and Possible Action on Proposed Directive to Have the Police Chief Provide a Monthly Report on the Amount of Golf Cart Tickets Issued – Commissioner Smith

Agenda Packet –
Action Requested: Ask the Police Chief to give the board a monthly report of the number of golf cart tickets issued as part of his BOC police report

Previously reported – July 2021
Request for Golf Cart Infraction Details
Issue and Action Requested:
Golf cart parking and moving vehicle violations have become highly visible with the increasing number of golf carts being used by renters and property owners. In order to judge whether the Town’s increased communication and police department efforts are improving golf cart “safety” and compliance, the Board needs to see golf cart infraction details.

Background and Potential Implications:
Golf cart safety has become a major concern of many of our residents-we see frequent cases of underage drivers, unsafe driving, seat belts not used, babies in laps, and illegal parking. One of the justifications for increasing the THB police force last year was to be able to better enforce traffic and parking rules, with golf carts acknowledged as a particular problem. It is hoped that police warnings and, when necessary, ticketing early in the rental week leads to reduced infractions as the week progresses.

Without detailed golf cart infraction data neither the BOC or Town Staff can judge whether ongoing Town communication efforts and Police Department focused activities are reducing unsafe practices and illegal parking of golf carts. The BOC needs a report specific to golf carts that provides for all warnings and tickets. Below is a suggested list of information that would help Town Staff, the Board and our residents measure improvements and determine whether changes in education and/or enforcement activities would be appropriate.

Violation description:

      • Parking
      • Underage driver
      • Seat belt infraction
      • Child seat infraction Unsafe driving
      • Unlicensed vehicle

Warning or ticket
Date and day of week
Time of day
Location on island

A summary of findings would be presented at our monthly BOCM’s , suggested to start in August.

Pat & Rick are asking for violation reporting from the Police Department. They are requesting details specific to golf carts to help determine what kind of impact that our stepped-up enforcement is having. The police department currently do not data track by type of vehicle. Jeremy stated he did not like the request, nor does he have the staff to comply with the request. The police department will continue to enforce the ordinances, but this request is not going to solve anything.

No decision was made – No action taken

Update –
Jeremy went through what it would take to do what they are asking and does not see the benefit of doing it. Rick said it was a safety issue and once we get better compliance, they would not need to continue to request the report. He said if that is what they want he will comply with their request, but it is just a small portion of what they do. The Board said that is what they want and expect a monthly report from him, end of conversation.

  • A decision was made – Approved unanimously

10. Legal Opinion on School of Government Blog Related to Remote Meeting Participation Post-Covid Emergency and Discussion and Action on Streaming Meetings until the State of Emergency is Officially Closed – Commissioner Kwiatkowski

Agenda Packet –
UNC School of Government / Coates’ Canons / NC Local Government Law
Public Meetings After the Lifting of the State-Level State of Emergency

Update –
Attorney explained the issues and the best way to move forward without further direction from the state. Patty requested we go back to doing a live stream of the meetings until the emergency is officially over.

A decision was made – Approved unanimously                    

Just so you know, this meetings audio recording was not posted on YouTube till Friday

11. Discussion and Possible Approval of Resolution 21-12, Resolution Authoring the Negotiation of One or More Installment Financing Contracts and Providing for Certain Other Related Matters Thereto – Assistant Town Manager Ferguson

Agenda Packet –
The attached resolution (Attachment I), prepared by our bond attorney firm, Parker Poe Adams & Bernstein, LLP, is a necessary component for the installment financing application to the Local Government Commission (LGC) and to negotiate one or more installment financing contracts to pay the costs of remodeling and improvement of lift stations for the Town’s sewer utility systems and to pay the cost of purchasing the pier properties located at 441 Ocean Boulevard. The resolution anticipates applying for amounts up to $5,200,000 for the two Lift Station upgrades and up to $3,300,000 for the pier properties. Actual amounts procured via installment financing contracts will be subject to bank RFPs, construction contracting response to the sewer lift station 2 bid solicitation, and BOC/LGC approvals. The amount proposed to be financed for the lift station upgrades includes the repayment to the water/sewer fund of costs previously incurred with the lift station 3 project as approved by the BOC reimbursement resolution dated Oct 2020 as well as estimated project costs for lift station 2 currently under design and anticipated to be ready for bid review/consideration at the September BOC meeting.


 WHEREAS, the Town of Holden Beach, North Carolina (the “Town“) is a municipal corporation duly created and validly existing under the Constitution, statutes, and laws of the State (the “State”);

 WHEREAS, the Town has the power, pursuant to the General Statutes of North Carolina to ( l) enter into installment contracts in order to purchase, or finance or refinance the purchase of, real or personal property and to finance or refinance the construction or repair of fixtures or improvements  on real property and (2) create a security interest in some or all of the property financed or refinanced to secure repayment of the purchase price;

 WHEREAS, the Board of Commissioners (the “Board‘) of the Town  hereby determines that  it is in the best interest of the Town to (I) enter into an installment financing contract  with a financial institution to be determined  in order to pay the costs of the remodeling and improvement  of lift stations for the Town’s utilities  systems (the “Utilities  Project”) and (2) in order to provide security  for the Town’s obligations under such installment  financing contract, grant to the lender a security interest  under a deed of trust, security agreement and fixture filing on all or some of the sites of the Utilities Project as the lender may require;

 WHEREAS, the Board hereby determines that it is in the best  interest of the Town to (1) enter into an installment financing contract with a financial institution to be determined in order to pay the costs of purchasing property located at 441 Ocean Boulevard W., including the pier (the “Pier Property”), and (2) in order to provide security for the Town’s obligations under such installment financing contract, grant to the lender a security interest under a deed of trust, security agreement  and fixture filing on all or some of the sites of the Pier Property to be acquired as the lender may require;

 WHEREAS, the Board will consider entering into either separate installment financing contracts or a single installment financing contract (individually or together referred to herein as the “Contract”) with a single lender or separate lenders (individually or together referred to herein as the “lender”) as the Board determines to be in the best interest of the Town to finance the Utilities Project and the acquisition of the Pier Property (collectively referred to as the “Projects”);

 WHEREAS, the Town staff has retained (1) Parker Poe Adams & Bernstein LLP, as special counsel (“Special Counsel”) and (2) DEC Associates Inc., as financial advisor, in connection with the proposed installment financings;

 WHEREAS, the Board hereby determines that the Projects are essential to the Town’s proper, efficient, and economic operation and to the general health and welfare of its inhabitants; that the Projects will provide an essential use and will permit the Town to carry out public functions that it is authorized by law to perform; and that entering into the Contract is necessary and expedient  for the Town by virtue of the findings presented herein;

 WHEREAS, the Board hereby determines that such cost of the Projects exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and nonvote bonds that could be issued by the Town in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State;

 WHEREAS, although the cost of financing the Projects pursuant to the Contract is expected to exceed the cost of financing the Projects pursuant to a bond financing for the same undertaking, the Town hereby determines that the cost of financing the Projects pursuant  to the Contract  and the obligations of the Town thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: ( l) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the benefits of the Projects; and (3) insufficient revenues are produced by the Projects so as to permit a revenue bond financing;

 WHEREAS, the Board hereby determines that the estimated cost of financing the Projects pursuant to the Contract allows the Town to finance the Projects at a favorable interest rate currently available in the financial marketplace and on terms advantageous to the Town and reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the findings delineated in the above preambles;

 WHEREAS, the Town does not anticipate an increase in taxes to pay the installment payments under the Contract, but the increase in taxes, if any, necessary to service the installment payments falling due under the Contract will not be excessive;

 WHEREAS, no deficiency judgment may be rendered against the Town in any action for its breach of the Contract, and the taxing power of the Town is not and may not be pledged in any way directly or indirectly or contingently to secure any money due under the Contract;

 WHEREAS, the Town is not in default under any of its debt service obligations;

 WHEREAS, the Town’s budget  process and Annual Budget Ordinance are in compliance  with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the Town has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget Ordinance;

 WHEREAS, past audit reports of the Town indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and the Town has not been censured by the Local Government Commission of North Carolina (the “LGC “), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies;

 WHEREAS, a public hearing on the Contract, after publication of a notice with respect to such public hearing, must be held and approval of the LGC with respect to entering the Contract must be received; and


Section 1.         That the Mayor and the Town  Manager, and  their designees,  with advice from the Town Attorney, Special Counsel and the Town’s financial advisor, are hereby authorized  and directed to negotiate on behalf of the Town (1) the financing of the Utilities Project for a principal amount of approximately $5,200,000 and the financing of the acquisition of the Pier Property for a principal amount of approximately $3,300,000, each under the Contract to be entered into in accordance with the provisions of Section l 60A-20 of the General Statutes of North Carolina, as amended, and (2) the provision of a security interest under one or more a deed of trust, security agreement and fixture filing in the Town’s fee simple interest in all or some of the sites of the Projects, together with all improvements and fixtures located thereon, as may be required by the Lender providing the funds to the Town under the Contract to secure the Town’s obligations thereunder.

Section 2.        The Town Manager or his designee is hereby directed to file with the LGC an application for its approval of the Contract and all relevant transactions contemplated thereby on a form prescribed by the LGC and to state in such application such facts and to attach thereto such exhibits regarding the Town and its financial condition as may be required by the LGC.

Section 3.        Parker Poe Adams & Bernstein LLP has been retained by the Town to serve as special counsel and DEC Associates Inc. been retained to serve as financial advisor. The Town Manager, with advice from the Town Attorney,  is hereby authorized  to retain the assistance of other professionals as they deem necessary and desirable to cany out the intention of this Resolution.

Section 4.        A public hearing or public hearings shall be conducted by the City Council on September 21, 2021 (the ‘·Public Hearing”) concerning the approval of the execution and delivery of the Contract for the financing of the Projects.   The Town Clerk is hereby directed to cause a notice of the Public Hearing to be published at least once in a qualified newspaper of general circulation within the Town no fewer than l O days prior to the Public Hearing.

Section 5.        All actions of the Town and its officials, whether previously or hereafter taken in effectuating the proposed financing as described herein, are hereby ratified, authorized and approve

Section 6.         All motions, orders, resolutions, and parts thereof in conflict herewith are hereby repealed

Section 7.          This Resolution is effective on the date of its adoption.

Update –
This is a necessary component for the installment financing application to the Local Government Commission (LGC) and to negotiate one or more installment financing contracts. Not optional , this is a requirement to move forward.

A decision was made – Approved unanimously

A Public Hearing shall be conducted, concerning the approval of the execution and delivery of the Contract for the financing of the Projects.  

12. Holden Beach Promotional Video – Assistant Town Manager Ferguson

 Agenda Packet – background information was not provided

Update –
One of the things we wanted to do is a promotional video which they played
Click here to view the video

13. Town Manager’s Report

Hohonu Tide Gauge
Participant in Sea Grant
Tide gauge mounted on HB dock piling
Gather real time data that is uploaded to the cloud every six (6) minutes
Useful in disaster recovery efforts, it’s a good thing

USACE dredge operations arrived last week and will be working through the end of August.
Up to now it was so choked up that they were only able to work at high tide.
The c
ost to have the sidecaster dredge boat in the inlet is a million dollars a year.

Federal Cost Share Agreement
Received Atlanta Region Corps approval to execute
Arranging for signing ceremony

East End Shore Protection
USACE dredge bid documents on the street
Dredge LWF and put sand on our beach strand

Surveys are completed, design in the works

State demographer advised us our new population count is 675 which is up by 100

Wholesale water agreement has been signed by both parties

100 Days of Summer
Home stretch, moving into hurricane season mode

Hurricane Preparations
Reviewing Emergency Operations Manual and Procedures
Goal to ensure optimum readiness posture
Reminder to be prepared – decals, go bags, changes do to COVID protocols

 In Case You Missed It –

Check out the new improved and secure THB website at https://hbtownhall.com/

Town of Holden Beach Newsletter
Hurricane Season
June 1st was the official start to hurricane season in the Atlantic.

Would your family be prepared in the event of a hurricane? Click here to visit the Emergency Information section of our website. You will find helpful tips to put in place now, before the threat of a storm.

Please make sure you have your vehicle decals in place now. Do not wait! These decals are necessary for re-entry to the island in the event of an emergency situation that restricts access to the island. Click here for more information on decals.

Town of Holden Beach Newsletter
2020 Water Quality Results
The 2020 Consumer Confidence Report is now available. Click here to read the report.

Vehicle Decals
The 2021 vehicle decals were distributed with the March water bills.

Decals are your passes to get onto the island to check your property only in the case of a storm that would necessitate restricting access to the island. These are to be used only for your primary vehicles and should be placed on the interior of the lower driver side windshield.

If you own rental property with full-time tenants, two free decals may be obtained by the property owner to distribute to the tenants.

Please make sure to place your decals in your vehicle or in a safe place. Property owners without a valid decal will not be allowed on the island during restricted access. No other method of identification is accepted in an emergency situation. Click here to visit our website to find out more information regarding decals and emergency situations.

14. Mayor’s Comments

Alan touched base on these topics –

      • Hurricane Preparedness
      • Concerts at the Coast
      • Inlet Dredging / Terminal Groin / Funding
      • No Wake Zone
      • Abandoned Shrimp Boat Removed
      • Commercial Properties for Sale

15. Executive Session Pursuant to North Carolina General Statute 143-318.11(A)(5), To Instruct the Staff or Agent Concerning the Negotiation of the Price and Terms of Contracts Concerning the Acquisition of Real Property – Commissioners Murdock, Sullivan, Kwiatkowski, and Smith and North Carolina General Statute 143-318.11(A)(3), To Consult with the Attorney (Attorney Madon)

When they came back into session, they added an agenda item for Ordinance 21-27

Previously reported – July 2021
Public Hearing–Contract to Purchase Real Property Located at 441 Ocean Boulevard (Parcels 246DB001 & 246DB002)

Alan stated that nothing has been determined yet. The discussion at the Public Hearing is to determine whether we should move forward or not. The Board gave everyone there a fair opportunity to speak. THB policy is that each speaker is allocated three (3) minutes.

It seems that the majority of the public want to purchase the pier. The caveat being that a business plan, be fiscally responsible, and due diligence needs to be done before rendering a decision. Clearly a significant number of people had an emotional response as their justification to purchase the property. Many people took a more practical approach, that the decision should be a fiscal one not an emotional one. I didn’t get the feeling that there is that there are many people out there that are flat out against purchasing it.

2. Executive Session Pursuant to North Carolina General Statute 143-318.11(A)(5),To Instruct the Staff or Agent Concerning the Negotiation of the Price and Terms of a Contract Concerning the Acquisition of Real Property

3. Discussion and Possible Consideration of Contract to Purchase Real Property Located at 441 Ocean Boulevard (Parcels 246DB001 & 246DB002)

Motion was to present offer. Commissioner Sullivan stated that moving forward with the contract does not bind us to purchase the property. He also made it clear that he believes, as many people stated, that we should only purchase the pier if it makes fiscal sense, not based on emotions.

A decision was made – Approved unanimously

Discussion and Possible Approval of Ordinance 21-21, An Ordinance Amending Ordinance 21-13, The Revenues and Appropriations Ordinance for Fiscal Year 2021 –2022 (Amendment No. 1) – Town Manager Hewett

Agenda Packet –
The attached budget amendment is prepared to provide funding for the purchase of the Pier properties currently under consideration by the Board. It proposes to fund the acquisition via a combination of loan funds in the amount of $3,000,000 and cash from BPART fund balance in the amount of $259,000.

$50,000 of the cash amount will satisfy the due diligence and earnest money requirements contained in the offer approved by the BOC last Thursday 8 July. The remaining $9,000 is to obtain a commercial appraisal for the properties which is a requirement for Joan approval by the NC Local Government Commission.

Moved funds of $3,259,000
From Revenue account #50.0348.0000
From Revenue account #50.0399.0000
To Expense account#50.0710.0903
To Expense account#50.0710.7403

Update –
Amendment is required if the pier property purchase offer is accepted. Commissioner Sullivan & Kwiatkowski broached funding for pier inspection which they stated is integral to our decision whether to purchase. Commissioner Murdock stated that until we have a signed contract this is a futile exercise, once the contract is signed, we can allocate funds to do whatever we need to do during due diligence period.

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

  • Board of Commissioners’ Comments
    Three Commissioners laid out their position regarding the pier property purchase.
  • Commissioner Murdock wants to purchase the pier even if we have to replace every piling.

  • Commissioner Sullivan was a bit more pragmatic and only wants to purchase if it makes fiscal sense.
    Commissioner Kwiatkowski was concerned about how we plan to pay for it and reviewed all the debt that we already have committed to. She strongly urged the property owners to contact them on whether they want to purchase the pier property.
    Editor’s Note –

    The public needs to participate more in the process, the Board can’t represent you without your input. The pier property purchase has an upfront price tag of $3.25 million dollars. Only 23% of those that completed Lou’s Views survey gave an unconditional YES response to purchase it. The majority 64% gave a conditional positive response. What that means is that the Board will need to explain how they plan to pay for this property. According to the Board we have only agreed to the terms of the contract, but it is not a done deal yet. Therefore, it’s important that the Board gets a better feel for what the community wants. This is your chance to help determine whether we purchase the property or pass on the opportunity.

Do you think the Town should purchase the pier property?

      • Yes, whatever it takes
      • Only if it makes fiscal sense, with no added assessment or tax to property owners
      • Only if it is shown to be self-sustaining and all the costs are covered
      • No, it’s an unnecessary expense

I encourage all of you to send an email with where you stand on this issue

Make sure to include your name, address, and whether this is your primary residence

Please send comments to:

Heather Finnell                  Town Clerk                      heather@hbtownhall.com
Alan Holden                        Mayor                              alan@alanholdenrealty.com
Gerald Brown                     Mayor Pro Tem              geraldbrowngb365@gmail.com
Brian Murdock                   Commissioner                BOCmurdock@gmail.com
Pat Kwiatkowski                Commissioner                pattykwi@gmail.com
Mike Sullivan                      Commissioner                sullivm4@gmail.com
Rick Smith                           Commissioner                rsmith9421@gmail.com

heather@hbtownhall.com; alan@alanholdenrealty.com; geraldbrowngb365@gmail.com; BOCmurdock@gmail.com; pattykwi@gmail.com; sullivm4@gmail.com; rsmith9421@gmail.com

Silence is Consent!

16. Discussion and Possible Approval of Ordinance 21-27, An Ordinance Amending Ordinance 20-10, The Revenues and Appropriations Ordinance for Fiscal Year 2020 – 2021 (Amendment No. 3) – Town Manager Hewett

Item was added to the agenda background information was not provided

Amendment proposes to add $25,000 in funding for inspection of the pier properties out of BPART funds in accordance with standards from the American Society of Civil Engineers for those types of properties

Moved funds of $25,000
From Revenue account #50.0399.0000 to Expense account#50.0710.0903

A decision was made – Approved unanimously

Loose Ends (3)
The definition of loose ends is a fragment of unfinished business or a detail that is not yet settled or explained, which is the current status of these items. These three(3) items were started and then put on hold, and they were never put back in the queue. This Board needs to continue working on them and move these items to closure.  

Commercial District – February 2019

Previously reported – February 2019
Agenda Packet –
Recently the Planning Board asked staff to look into the adequacies of the C1 zoning rules. Staff found what appeared to be some major deviancies in the setbacks/buffers and presented text amendments for review.

The Planning Board approved the amendments and has found the changes to be consistent with the current Land Use Plan.

Staff also concurs that these changes will make Holden Beach a better place to visit and live and recommend that in the interest of life safety health and welfare that these changes be implemented.


The Town of Holden Beach Planning & Zoning Board hereby recommends approval of the text amendment to §157.062 COMMERCIAL DISTRICT C-1 of the Holden Beach Code of Ordinances.

As required by G.S. 153A-344 and 160A-387, the Planning and Zoning Board has reviewed the proposed changes and finds them to not be inconsistent with the adopted 2009 CAMA Land Use Plan, specifically goals, objectives, and policies in section 9.1. Land Use and Development. In addition, the Planning and Zoning Board feels the changes are in the public’s interest because they will promote public health, safety, and general welfare within our community.

Upon approval by the Board of Commissioners the Comprehensive Plan will be deemed amended and shall not require any additional request or application for amendment.

Mayor Holden encouraged them to consider that we should notify owners of these commercial properties. Tim recommended we also notify the adjacent property owners too. The staff will bring back changes in an Ordinance form. The next step would be to have a Public Hearing before adopting Ordinance with these recommended changes.

Previously reported – March 2019
Agenda Packet –
After further review, staff would like to send proposed changes to Section 157.062: Commercial District back to Planning & Zoning Board for additional discussion before the Board of commissioners takes any action.

Tim made a mea culpa for presenting this before getting adequate feedback regarding the major impact of the changes. Unfortunately, the ordinance is not going to work as presented. It appears that it would have more negative impact on commercial properties then they thought once they looked at individual parcels. It was recommended and decided that it should be sent back to P&Z Board to address these issues. There is no hurry, and they would like to get it right.

 And it was never seen or heard from again …

796 OBW – September 2019

Previously reported – September 2019
Ordinance 19-15, The Revenues and Appropriations Ordinance (#3)
.     1) Provide funds for purchase of property at 796 OBW – approved $349,000
.     2) 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.

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

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

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?
5. 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.

A decision was made – Approved (4-1)
Gerald objected to even asking Timbo because he only sees us incurring big expenses by utilizing the building structure.

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

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.

Previously reported – October 2020
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.

Editor’s Note –
Essentially, we are providing a Town employee subsidized housing. Rent is only $700; at that price you can’t even rent a trailer on the mainland.

Dog Park – January 2020

Previously reported – January 2020
Dog park was utilized for canal dredging spoil site. We did some site ditching prior to Hurricane Dorian storm event to facilitate draining of the pond.

Intent is to reestablish pre-dredge capabilities which in order of priority are as follows:
Permitted primary disaster debris management area
Public Works lay down yard
Dog Park

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

Previously reported – February 2020
Agenda Packet –
Several property owners offered comments at January’s Board of Commissioners meeting during the public comment time on the agenda concerning the desire to see a replacement dog park for the previous one located on Scotch Bonnet Drive. The purpose  of this  agenda item is to discuss  the concerns expressed  by the property owners  and determine  whether the Board  should  request  the Town Manager to explore options to replace the previous dog park. The previous space used for the dog park was converted to a spoils area for the recent dredging of the canals.  The Town Manager has indicated this Town-owned property was prioritized for disaster debris management, Public Works materials storage yard, and lastly a dog park.  This area was needed for the canal dredging materials when the Army Corp of Engineers refused to let the Town use their spoil areas on the island. As a reminder, the Town received a grant that offset 75% of the canal dredging cost for the 1000 canal lot owners on the island.  There is no date available at this time as to when the spoils area on Scotch Bonnet can be returned to its previous use as a dog park and a Public Works materials storage area.

The dog park will remain closed for the foreseeable future. The Town needed to use the land at the dog park to place material from the canal dredging project as the dredge spoils area. It is unknown when it will be returned to a useable state as a dog park again. Therefore we no longer have anywhere on the island to walk a dog safely.  The Town is looking at other options for a dog park on the island. The nearest dog park for off leash activity is in Shallotte. I think we should make every effort to provide an area for dogs on the island. My recommendation is to utilize existing town property. The Town actually owns quite a bit of property. For instance, we have two parcels between BAW and OBW, across from Marker Fifty-Five, that were platted as streets but never put in: between High Point Street and Neptune Drive. We had previously discussed the possibility of creating parking areas out of them, one of them could be made into a dog park. Parking should be on the BAW side of the park, so it doesn’t get taken over by guests going to the beach. The designated area would be an additional recreational opportunity as well as an option for having dogs off their leashes instead of in unauthorized areas like the beach strand.

General Comments –

    • .
      BOC’s Meeting

      The Board of Commissioners’ next Regular Meeting is scheduled on the third Tuesday of the month, September 21

      Hurricane #1 - CR


      Hurricane Season
      For more information » click here

      Be prepared – have a plan!



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



      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.

      NOAA updates its hurricane season outlook
      The tropical Atlantic has been quiet for the past few weeks, but don’t expect that to last, according to forecasters. NOAA issued a mid-season update for the Atlantic on Wednesday and said forecasters are still expecting another above-average season when it comes to the number of named storms. The updated outlook suggests there could be 15-21 named storms, seven to 10 hurricane and three to five major hurricanes, which are Category 3 or stronger storms. That’s a slight uptick from its May outlook, which had 13 to 20 named storms, six to 10 hurricanes and three to five major hurricanes. An average season, according to NOAA, has 14 named storms, seven hurricanes and three major hurricanes. According to NOAA there is a 65 percent chance of an above-average season, a 25 percent chance for an average season and a 10 percent chance of a below-average season. So far this season there have been five named storms. One of those, Elsa, briefly became a Category 1 hurricane. Elsa also made history as the earliest fifth named storm on record. Three of the five storms (Claudette, Danny, and Elsa) made landfall in the U.S. One of the reasons forecasters think it will be another busy year is the possible return of La Nina in the fall. La Nina typically translates into above-average activity in the Atlantic. NOAA issued a La Nina watch last month and said there is a greater than 50 percent chance it will materialize later this fall. Other indicators of what could be a busy season are warmer sea surface temperatures in the tropical Atlantic (though not as warm as during last year’s record-breaking season), reduced wind shear (which can tear storms apart) and a more active monsoon season in west Africa, which can send more disturbances spinning into the eastern Atlantic that can eventually intensify into tropical storms. The hurricne forecast shows how busy forecasters think the season can be, but what it can’t do is predict if or where storms will make landfall. “The seasonal outlook from NOAA is not a landfall forecast as landfalls are typically only predictable within about a week of a storm potentially reaching a coastline,” NOAA said. Forecasters continued to warn those along the coast that it only takes one storm to make it a devastating season for them and to make sure they have all their preparations in place. The Atlantic is showing indications things could get busier soon. The National Hurricane Center on Wednesday was tracking three tropical waves, two of which have low chances of becoming tropical depressions. None of those systems is an immediate threat to the U.S. The Atlantic hurricane season runs until Nov. 30.
      Read more » click here

      Atlantic hurricane season is about to ramp up dramatically, as NOAA boosts forecast
      The Atlantic has been quiet lately. That’s about to change. NOAA is calling for 15 to 21 named storms this season.
      After a record start to Atlantic hurricane season in May and June, tropical storminess shut down in mid-July. But signs point to a dramatic ramp-up in activity in the next two weeks, with a number of named storms likely to develop in August and an increasing potential for U.S. impacts. Already, meteorologists are monitoring three tropical waves over the Atlantic that are exhibiting some low-end potential for development. But they may just mark the start of what looks to be a jam-packed peak season ahead. On Wednesday morning, the National Oceanic and Atmospheric Administration released their latest hurricane outlook calling for even greater odds of an above-average season, which runs through November. That would make 2021 the sixth consecutive year to feature above-average tropical storm activity. “NOAA’s updated outlook … indicates an above average season is likely,” said Matthew Rosencrans, a meteorologist at NOAA’s Climate Prediction Center, in a news conference Wednesday. “The number of named storms is likely to be 15 to 21, [which includes] seven to 10 hurricanes and three to five major hurricanes.” That’s an increase from its May prediction for 13 to 20 named storms and six to 10 hurricanes; its forecast for the number of major hurricanes was unchanged. In recent weeks, the Atlantic has been virtually silent, without any named systems present anywhere in the ocean basin since the dissipation of Elsa on July 9. Elsa brought heavy rain and tornadoes to parts of the East Coast. “Given an increase in predicted number of named storms and hurricanes, there is now a 65 percent chance of an above-average season … and only a 10 percent chance of a below-average season,” Rosencrans said. Driving the predictions are a number of factors that take into consideration large-scale features of both the atmosphere and ocean.  In the short term, the National Hurricane Center is monitoring three disturbances that it says has low chances, 30 percent or less, to develop. The three systems point to the awakening of the Atlantic’s MDR, or Main Development Region. This imaginary box stretches through roughly the eastern two-thirds of the tropical North Atlantic several degrees north of the equator and encompasses the more classic formation locations for tropical systems that compose the bulk of long-track, long-lived Atlantic hurricanes. At present, hurricanes are hard to come by because of widespread sinking air over the Atlantic. That has suppressed upward motion and inhibited updrafts, preventing the type of clustered thunderstorm activity that occasionally self-aggregates into a fledgling storm. Moreover, intrusions of the SAL, or Saharan Air Layer, draped a layer of hot, dry air over much of the eastern Atlantic, capping the vertical development of thunderstorms in the MDR. That all looks to change in the coming weeks thanks to the combined effects of several large-scale overturning circulations that will bring lift, or foster rising air, over the Atlantic. The Madden-Julian Oscillation, or MJO, can be envisioned as a large wave that sweeps around the global tropics every 30 to 60 days. Air rises on the leading edge of the waves, which is characterized by a packet of unsettled weather and widespread thunderstorm activity, while sinking air on the back side marks the “suppressed phase” of the wave. Similar, albeit smaller, features known as “convectively coupled Kelvin waves” will periodically overlap with the MJO to bring occasional enhancements or temporary lulls in the season. It’s ordinarily possible to predict these sub seasonal upticks about a month in advance before a swarm of storms brew. All indications are that beginning around Aug. 10 to 14, the Atlantic will awaken. Later in the month, the tropics could become quite busy as rising motion really takes hold of the Atlantic Basin. It’s a time of year when hurricane activity generally ramps up anyway, so there’s every reason to believe that the latter two weeks of August and the start of September will be busy. Moreover, the Atlantic has warmed significantly in the past couple of weeks. Previously, waters off the Gulf of Mexico coastline were running about a degree or two below average. Now the entire gulf is a degree or two above average. That bolsters the odds of tropical cyclones, which feed off warm water, rapidly intensifying assuming they enter the gulf. Ocean waters over the open Atlantic have also experienced a warming trend across the tropical belt, save for immediately surrounding the Cabo Verde islands. Rosencrans did note that sea surface temperatures, while anomalously warm, are not as hot as in 2020, meaning the season, though anticipated to be active, is not expected to rival the hyperactivity of 2020. In addition, some semblance of a La Niña pattern — the opposite of the more well-known El Niño — could begin to develop as we head deeper into the autumn. That would mean cooler waters over the east equatorial Pacific, fostering sinking there. That would trigger an opposite reaction over the Atlantic, reinforcing rising motion and, in turn, favoring hurricanes. (That can also sometimes weaken high altitude winds over the Atlantic, making it easier for storms to form.) If La Niña does develop, it could extend the end of hurricane season later, potentially keeping activity going into November. Upper-level steering currents could be more supportive of hurricanes affecting the East Coast this year, too, thanks to a swath of blocking high pressure that may become established over the Canadian Maritimes later in August and into September. It’s important to remember that, even though forecasts like this are generally reliable across the entire Atlantic, hurricane season’s impacts are manifest on an individual storm level. In other words, it only takes one storm. Hurricane Andrew formed in 1992, and put an end to what, until that point, had been a cakewalk of an early season. The Category 5 storm leveled entire communities in south Florida. Preparing ahead of time, rather than scrambling when a storm develops and warnings are issued, is the best way to make sure you’re ready for whatever this hurricane season holds.
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