Lou’s Views
“Unofficial” Minutes & Comments
BOC’s Special Meeting 03/27/23
Board of Commissioners’ Agenda Packet » click here
Audio Recording » click here
1. Discussion and Possible Action on Proposal from Bowman Murray Hemingway Architects for Next Phase of the Holden Beach Pier Project – Mayor Pro Tem Smith
Agenda Packet – pages 2 – 30
Previously reported – October 2022
Work Session with Firm Selected for Pier Project
Previously the Board selected Bowman Murray Hemingway Architects for the pier project. Chip a representative of the firm was present to discuss the Request for Qualifications (RFQ). He wanted to gather information so that the firm can make a proposal to the Board. In other words, he wanted to know what would they like to do with the property. Commissioner Kwiatkowski attempted to walk him through what they have discussed and considered so far. Commissioner Murdock went into a little more detail about some potential options for the property. Planning & Inspections Director Tim Evans went over the regulations that would apply to the building renovations. The architectural firm plans to have a dialogue with Timbo to make sure they understand all the potential regulations and restrictions that affect what they can do there. The firm will submit a proposal to develop a conceptual site plan for the Board to consider.
Previously reported – November 2022
We understand this project to be a master-planning drawing of the existing pier facility and conceptually illustrate proposed future building and site improvements. We will begin to identify steps needed as far as permitting and testing to prepare future designs for the pier and building.
The existing pier will be renovated. We understand the extremely deficient existing pier house will be modified to re-open and serve the pier once it is renovated.
A detailed property survey will be needed prior to creating the site master plan drawing.
The master plan site plan drawing will incorporate but not be limited to the following.
Future work will be noted or shown conceptually:
1. Renovate existing fishing pier with a new wood ADA ramp
2. Renovate existing pier house
a. Keep work under 50% of the appraised value.
b. Begin to identify phases that keep the work under 50%.
c. Incorporate exterior restrooms within the existing building.
d. Potential outdoor decks adjacent to existing pier
3. Show an emergency vehicle cross over onto the beach strand from the pier parking area,
4. Study the existing parking to maximize layout for the renovated
5. Study camper parking layout for optimized efficiency and camping
6. Showers to be located near the exterior accessed restrooms with the existing
A listing of site, pier and building improvements. We will also identify all known permits and testing that will need to occur in future design phases.
Budget Amendment – Pier
The attached budget amendment in the amount of $35,000 implements previous board direction to refine line-item expenses to detail developmental costs of the pier properties more succinctly. Approval will be necessary to satisfy the pre-audit requirements associated with the Bowman Murray Hemingway contract expenses in addition to providing for an additional survey, the facility’s operational expenses to date, and those expected to occur through the end of the FY.
Suggested Motion: Approval of budget amendment and authorize town manager to execute contract.
Moved funds of $35,000
From Revenue account #50.0710.6100 to Expense account#50.0710.6103 & #50.0710.6104
Chip the representative from BMH addressed the BOC’s questions. A detailed property survey will be needed prior to creating the site master plan drawing. From the time they get the survey it will take them approximately two (2) months to develop a master site plan. The discussion was primarily about budget restraints of what they can do and short term vs. long term plan of action there. The motion was made to approve the proposal and the budget amendment as submitted to the Board.
A decision was made – Approved unanimously
Previously reported – December 2022
Chip made a presentation of the pier revitalization project. It is the preliminary plan, he discussed where they are now and where they are headed. Their structural engineer is scheduled to be at the site next week to evaluate the building and the pier structure. He reviewed their plan for rehab of the pier, which he felt was a manageable scope of work. Chip asked for feedback and comments from the Board. They bounced some ideas off each other and shared additional information for things that needs to be incorporated into the plan. He will be back with a modified plan. Regulations require that we can only do work that is less than 50% of the appraised value. Because the renovations far exceed the allowed amount, the work will need to be done in phases.
BOC’s Supplemental Agenda Packet » click here
Previously reported – February 2023
Chip made a presentation of the revised pier revitalization project. He stated that they were primarily charged with producing a master plan for the best use of the property. The next step for them is to more specifically design the facility. They will submit a formal contract proposal to design the entire pier property. The Board seems to be good with the overall layout, and to move the project forward they encouraged him to submit their proposal before the next Board meeting.
A decision was made – Approved unanimously
Pier Property Revised Site Plan » click here
Previously reported – March 2023
Discussion and Possible Action on Proposal from Bowman Murray Hemingway Architects for Next Phase of the Holden Beach Pier Project – Town Manager Hewett
Agenda Packet – page 40
Bowman Murray Hemingway Architects was not able to provide us with a design proposal before the agenda deadline. Mr. Hemingway has indicated he will get it to us as soon as he can. I will send out a supplement if I receive it before the meeting.
Chip was unable to attend the meeting, the item was removed from the agenda.
Pier Property Supplement » click here
What to know as Holden Beach takes first step to revive pier property
Plans to bring new life to the Holden Beach Fishing Pier are moving forward. Following the town’s controversial purchase of the pier property last year, officials are moving forward with planning and designing the future layout of the pier. At its February meeting, the town council unanimously approved a conceptual idea of the final site plan for the property. The pier is located at 441 Ocean Blvd. in Holden Beach. Here’s what to know.
Millions spent, more to be invested
The town of Holden Beach moved forward with efforts to purchase the two-parcel, 1.9-acre property for just around $3.3 million in 2022. The property includes the pier, parking lot and adjacent building. The N.C. Local Government Commission delayed the purchase after questioning town officials about the pier’s structure and Mayor Alan Holden’s involvement in the deal, but ultimately the multi-million-dollar purchase was approved by the commission. During an inspection of the pier prior to the purchase, the town found the structure “likely surpassed its remaining service life” and needs some $500,000 in maintenance immediately.
Conceptual site plan approved
In a conceptual site plan for the property, architects laid out renovations to the existing pier and pier house, as well as improvements to the existing parking lot on the property. According to Chip Hemingway with Bowman Murry Hemingway Architects, the structure of the existing pier over the ocean is “in pretty good shape,” and plans for renovation are largely cosmetic, including replacing handrails, electrical systems and decking, as needed. The portion of the pier that sits over the beach is currently in a “less desirable” state, Hemingway said, and would require far more extensive repairs such as replacing hardware and structural support beams. The inland-most portion of the pier requires complete replacement and would be ADA compliant, Hemingway said.
Cost and next steps
No cost estimate for the project was provided to the town commissioners during its February meeting. Hemingway said following the approval of the conceptual plan, officials can now move forward with specific construction design and working on a budget and cost estimate for the project.
Read more » click here
Update –
Not included in their $183,000 design proposal are the following items:
- CAMA Permitting
- Special Instructions
- Automatic Fire Suppression System
- Surveying or CAMA setback delineation
- Environmental or Building Permitting
- Material Testing: Geotechnical soils report, etc.…
- Landscape Design
- Interior Design
- PME for restaurant design
Architectural Design Services
- Architectural $75,000
- Structural $73,000
- Civil $16,000
- Plumbing $19,000
Total: $183,000
The motion was made to move forward with the design proposal submitted from Bowman Murray Hemingway Architects.
A decision was made – Approved unanimously
2. Discussion and Possible Approval of Resolution 23-07, Resolution Amending the Holden Beach Fee Schedule (Effective Date for Building Fees) – Mayor Pro Tem Smith
Agenda Packet – pages 31 – 34
Update –
The Board amended the building fee schedule by adopting Resolution 23-06 at their March meeting. This resolution amends the effective date to July.
A decision was made – Approved unanimously
3. Closed Session Pursuant to North Carolina General Statute 143-318.11(A)(3), To Consult with the Attorney and North Carolina General Statute 143-318.11(A)(5), To Establish or Instruct Staff or Agent Concerning the Price and Terms Concerning the Acquisition of Real Property – Mayor Pro Tem Smith
Agenda Packet – background information was not provided
Update –
Closed session to discuss the price and terms concerning the acquisition of parcels 233PB002 and 233PB003.
No decision was made – No action taken
BOC’s Regular Meeting 04/18/23
Board of Commissioners’ Agenda Packet click here
Audio Recording » click here
1. Discussion and Possible Award of Contract for Roadway Work (Tide Ridge Drive, Pointe West Drive and Ranger Street) – Public Works Director Clemmons
Agenda Packet – separate packet
Right Angle Engineering solicited bids for the roadway work for Tide Ridge Drive, Pointe West Drive and Ranger Street. One bid was received from Highland Paving in the amount of $126,000. They have done work for the Town in the past. Right Angle Engineering recommends the Town award the contract to Highland Paving.
Roadway Work » click here
Previously reported – November 2015
Streets Condition Survey Report is a planning document. We have a total of 12.8 paved asphalt roadways with @40% of the roads in need of maintenance. Subject streets are Class A (low volume) roads the cost estimate is for pavement repair only, with the costs being variable. The total estimated costs are a whopping $1,200,000. Surface evaluation was done rating each street and prioritizing the work that needs to be done. Recommended we address it with a ten-year game plan, budgeting accordingly, tackling it on a yearly basis. Understandably we can expect our streets to continue to degrade while costs will continue to go up.
Update –
In 2015 the Board implemented a tax increase of $.010 specifically for street paving and maintenance. The penny worth of tax revenue earmarked for paving is money that is already in the budget. Last year, Right Angle Engineering reviewed the bids and recommended Highland Paving. Highland did the work on the Brunswick Avenue project the last two years and has done satisfactory work for the Town before. Once again Right Angle Engineering recommends the Town award the contract to Highland Paving. A motion was made to award the contract to Highland Paving in the amount of $126,000. Although it was not discussed they normally try to have paving work completed before Memorial Day.
A decision was made – Approved unanimously
2. Discussion and Possible Action on Agreement for Stormwater Management & Consulting Services between the Town and McGill Associates – Public Works Director Clemmons
Agenda Packet – pages 19 – 37
At the February meeting, the Board selected McGill Associates for Stormwater Management & Consulting Services. McGill Associates has provided us with an agreement in the amount of $131,200 . Staff recommends approval of the agreement.
Previously reported – February 2023
Discussion and Possible Action on Proposals for Stormwater Management & Consulting Services – Public Works Director Clemmons
Agenda Packet – pages 133 – 144
As directed by the Board of Commissioners, staff solicited qualifications from engineering firms for stormwater management and consulting services (Attachment 1). The submission deadline was January 19, 2023.
The Town received six (6) responses to the Request for Qualifications (RFQ), (Attachments 2 – 7), which are included for your review. Staff reviewed the submittals for conformance to the RFQ. The responses submitted were in compliance, with the exception of The Wooten Company who did not provide proof of Certificate of Insurance as required in the RFQ.
In accordance with federal uniform guidance, staff prepared a ranking sheet (Attachment 8) for the Board’s use. If the Board makes the selection of a firm, they can direct staff to bring a contract back for consideration.
Stormwater McGill » click here
A motion was made to have the Town Manager contact McGill and have them submit a contract proposal to us for consideration at the next scheduled meeting.
A decision was made – Approved (4-1)
Commissioner Kwiatkowski opposed the motion
Update –
No discussion, the Board approved the agreement for the amount of $131,200 for an island-wide storm water management service with McGill.
A decision was made – Approved unanimously
3. Police Report – Chief Jeremy Dixon
Agenda Packet – pages 38 – 46
Police Report » click here
They have had a significant increase in the number of parking citations issued again this month.
Paid Parking became effective on April 1st
The Town hosted a Girl Scout Bicycle Event
They are getting ready for Days at the Dock which is coming up at the end of the month
Golf carts are considered a motor vehicle and subject to all laws, rules and regulations that govern motor vehicles
Normal amount and type of activity for this time of year.
The police department currently has only eight (8) officers of the ten (10) they are budgeted to have.
- They are down officer Preston Conley who is out on long-term medical disability
- A new hire is being processed but that takes awhile before they can serve
If you know something, hear something, or see something –
call 911 and let the police deal with it.
Crime Prevention 101 – Don’t make it easy for them
Don’t leave vehicles unlocked
Don’t leave valuables in your vehicles
A reminder of the Town’s beach strand ordinances:
…..1) Chapter 90 / Animals / § 90.20 / Responsibilities of owners
…….a) pets are not allowed on the beach strand except between 5p.m. and 9a.m. daily
…….b) dog’s must be on a leash at all times
…….c) owner’s need to clean up after their animals
…..2) Chapter 94 / Beach regulations / § 94.05 / Digging of holes on beach strand
…….a) digging holes greater than 12 inches deep without responsible person there
…….b) holes shall be filled in prior to leaving
…..3) Chapter 94 / Beach regulations / § 94.06 / Placing obstructions on the beach strand
…….a) all unattended beach equipment must be removed daily by 6:00pm
Golf carts are treated the same as any other automotive vehicle.
In the State of North Carolina, if a golf cart is to be operated on the streets, highways, or public vehicular areas, it is considered a motor vehicle and subject to all laws, rules and regulations that govern motor vehicles. In short, the golf cart must have all of the following: The driver MUST have a current, valid Driver’s License
- Child Restraint Laws must be followed
- Headlights
- Tail lights
- Turn signals
- Rear view mirrors
- State Inspection Sticker
- License Plate Issued by NCDMV
- Liability Insurance
All of the streets in the Town (including the side streets) are considered streets or public vehicular areas according to the State Law. This means that to operate a golf cart anywhere on the island, you must meet the standards above.
4. Inspections Department Report – Inspections Director Evans
Agenda Packet – pages 47 – 49
Inspections Report » click here
Update –
Timbo briefly reviewed department activity last month, the department still remains very busy.
191 OBW was condemned, he has issued an order to have it removed, it’s in bad shape and a public hazard
Floating docks in the canals have become a problem he plans to have Planning & Zoning Board address it
5. Discussion and Possible Action on Sending a Potential Stormwater Management Percentage Increase to the Planning & Zoning Board for Review – Inspections Director Evans
Agenda Packet – page 50
Subject: Potential Increase in stormwater management percentage as established in Towns Zoning Code 157.00-158.00
The Town of Holden Beach allows a maximum of 30% impervious coverage with a 100% onsite containment, currently the TOHB allows 10% less coverage than adjoining municipalities, staff recommends tasking the planning board with reviewing a possible percentage increase to 40%
This would allow homeowners to realize a larger equitable increase in their investments, which should increase the tax base and property values.
Update –
The Town of Holden Beach allows a maximum of 30% impervious coverage with a 100% onsite containment, currently the THB allows 10% less coverage than adjoining municipalities. Timbo is simply asking the BOC’s to allow him to take this to the Planning & Zoning Board for their consideration. The burden is on the homeowner to engineer the storm water system to have 100% onsite containment of water on their property. The motion was made instructing him to proceed with considering changing the stormwater management percentage of maximum impervious coverage.
A decision was made – Approved unanimously
6. Discussion and Possible Action on Facility Condition Inspection Checklist for Town-Owned Properties and Facilities – Inspections Director Evans
Agenda Packet – pages 51 – 53
At a previous meeting, the Board of Commissioners requested that the planning department and other staff members compile a list of publicly used facilities with an inspection schedule. Please see the reference materials as established and reviewed by staff.
Update –
The staff recently created a draft list of properties with an inspection schedule and presented it to the Board
7. Discussion and Possible Action on PAR Course Fitness Trail Area – Commissioner Murdock
Agenda Packet – background information not provided
PAR Course / Fitness Trail
Par Course is a fitness trail which consists of a course equipped with a series of stations distributed along the way where one is to stop and perform a specific exercise. The course is designed for exercising the human body to promote good health. March of 2011 the BOC’s approved a contract between the Town and Holden Beach Enterprises for the purchase of eighteen properties for $76,000 that had a tax assessment value of $1,976,020. The properties were zoned conservation and are located on the second row, between Greensboro and Scotch Bonnet. The Holden Beach course is located on that quarter mile stretch on the north side of OBW. The course consists of twenty (20) exercise stations with multiple stations clustered together. The plan was approved in August 2011 and installation of the equipment was completed in September of 2011.
Previously reported – October 2022
Delineation study was completed, now we need to act on it. Brian stated he was looking for the Board’s thoughts on protecting those properties. This is a necessary step if we want to make use of these Town owned parcels. Timbo recommended proceeding by applying for CAMA permits for bulkheads there. David suggested Right Angle Engineering could give us the probable cost of construction. The motion was made to have the Town’s engineer, Right Angle Engineering, pursue getting CAMA permits and also to determine height of bulkheads that are needed with the estimated cost.
Previously reported – January 2023
The discussion was on whether we want to bulkhead the town properties in the 700 and 800 blocks of OBW. If we do it will require bulkheads on approximately 700 linear feet at a cost of $350 per linear foot. The preliminary cost estimate is $298,925 just for a continuous bulkhead with tiebacks. Pat suggested that we still need to know how many parking spaces could be put there. Brian stated that we have no plans to put parking there now. He also made the point that the area was delineated in order to preserve property, bulkheading is a way to do that. In addition, they pointed out that USACE may require parking in that area, so it is important to minimize erosion and maintain the land there in case it is needed. David said that we will need to submit design in order to get a CAMA permit. Shane was asked to report back additional information regarding the permit process.
No decision was made – No action taken
Update –
We have lost a significant number of the stations because of erosion. Brian proposed doing something to protect the remaining stations. We have already had the area delineated and are waiting for approval from CAMA of what we can do there. Timbo said we won’t need to bulkhead but can protect the area with a retaining wall. They agreed that we need a hardened structure to prevent further erosion and to protect our investment. David said the town will handle routine maintenance on the fitness trail without any additional input from the Board. A decision on protecting those properties will be made once the delineation is completed.
A decision was made – Approved unanimously
8. Discussion and Possible Approval of Water Resources Development Grant / Resolution 23-09, Resolution to Sponsor the Lockwood Inlet Navigation Maintenance Project – Town Manager Hewett
Item was added to the agenda – background information was not provided
Resolution 23-09 » click here
Update –
The inlet is one of five federally authorized shallow draft inlets in North Carolina. The inlet is in a dangerous condition due to shoaling. It is at a point where the USACE fleet cannot work to alleviate the matter because it’s too shallow. The inlet is nearly impassable, the Coast Guard has removed navigational buoys, boats can no longer safely navigate there. The Town has a Shallow Draft Permit it can use, the project would allow the Town to use their SDI-5 permit to accomplish the task with the Miss Katie dredge on loan from Dare County. The anticipated total project cost is $850,500. A state grant can be applied for that would cover 75% of the cost which equals $637,875. The THB would then be responsible for the remaining 25% which equals $212,625. Brunswick County could possibly help with a 25% local share. The motion was made to approve the resolution to apply for grant funding for the dredging of the Lockwood Folly Inlet.
A decision was made – Approved unanimously
Ready for a fight: How this group wants to preserve a Brunswick County inlet
Cane Faircloth walks the docks at Holden Beach Marina and looks out toward the Lockwood Folly Inlet. Though the inlet itself is not visible, Faircloth, a Holden Beach native and fifth-generation fisherman, has navigated the waters many times. “See that tree line?” he asks, pointing to a cluster of trees. “The inlet’s right around there.” Faircloth has seen the Lockwood Folly Inlet when it was 10 to 12 feet deep throughout and boats of all sizes could pass through easily, and he’s seen it as it is now — nearly impassable. As president of the Lockwood Inlet Association, a local nonprofit organization, he’s working to see the inlet maintained and preserved for future generations. For years, the association has been fighting to have the inlet dredged three to four times a year, but now, members of the association are proposing a more permanent solution: a jetty system between Oak Island and Holden Beach.
Importance of the Inlet
Faircloth spends much of his time on and in the water, and he understands how important the area’s rivers and waterways are for the area. “The Atlantic Ocean’s our greatest resource here at the coast,” he said. “That inlet, as an outlet to the ocean, is another one of your greatest resources.” He explained preserving the inlet achieves three goals: promoting public safety, providing economic stimulus through tourism and fishing, and protecting the environment. When it comes to public safety, the inlet provides easy access to both Oak Island and Holden Beach. Faircloth explained this is important, especially in the summer months when the area is crowded and people are in the water. When it comes to the inlet’s economic importance, Faircloth said it’s crucial for it to be “open and safe” because many tourists use it, and they may not be familiar with the area. Currently, there are four known sunken Civil War-era vessels in the Lockwood Folly Inlet, including two blockade runners. At low tide, part of one of the vessels protrudes above the water. Finally, Faircloth noted when the inlet is open, it performs an important function for the environment. “A healthy inlet improves water quality because it’s getting flushed good,” he said. “The tide goes out, and it carries nasty water out, and then it filters itself out in the big ol’ ocean, and it brings clean, fresh water back in.” Faircloth said last summer, the Lockwood Folly River experienced algae bloom events. Members of the community took the samples to labs for testing, and Faircloth said the tests revealed something called “sea sawdust” because the bacterial colonies look like sawdust floating on the water’s surface. “That was the first time something like that has happened here in my lifetime that I know of,” he said. “But that’s where we’re headed, and if we don’t get this under control, it’s just going to get worse.”
What about dredging?
For years, Lockwood Folly Inlet has been maintained through dredging provided by the U.S. Army Corps of Engineers. But Faircloth said getting the area dredged as often as needed wasn’t easy. It required funding and the availability of a shallow-draft dredge. Faircloth recalled when the inlet association first started, the “battle” was to get the funding for dredging. Then the federal government created the shallow-draft inlet fund in 2021, which allocated money for the maintenance of the state’s shallow-draft inlets. “We got on a really good program, and felt like we won that battle,” Faircloth said. But then he said getting the dredge to the area became an issue. Faircloth said he had a conference call with representatives from the U.S. Army Corps of Engineers who told him the Oregon Inlet dredging project was being given priority. But according to David Connolly, spokesman for the U.S. Army Corps of Engineers Wilmington District, the Lockwood Folly Inlet isn’t being dredged because it has become too shallow. “The issue is that Mother Nature isn’t allowing us to get in there,” Connolly explained. He noted that when it comes to the Lockwood Folly, the Corps uses a side-casting dredge from its shallow draft fleet, usually the Merritt, which Connolly acknowledged is in high-demand right now. He added that funding to dredge the Lockwood Folly Inlet is available, and the Corps will do it once the area is deemed accessible. But Faircloth believes the inlet became inaccessible due to a lack of maintenance, and the association is looking at other ways to address the problem.
A permanent solution
When it comes to keeping the Lockwood Folly Inlet open and navigable, the Lockwood Inlet Association is exploring its options. One solution proposed involved teaming up with the Carolina Beach Inlet Association to purchase a dredge that could be shared, but another solution — a jetty — garnered more support during a recent association meeting. According to Connolly, constructing a jetty will require a permit from the Corps of Engineers. At this point, he said no applications have been submitted for the project. But Faircloth said the decision to advocate for a jetty system was just made in early March. Now, the association will begin approaching local, state and federal officials to advocate for the project. Faircloth acknowledged it may be an uphill battle. “Anytime you do a hard structure, there are going to be people opposed,” he said. “There are environmental groups and law firms, and that’s their job; it’s what they look for. They sue for a living, so there’ll be lawsuits, there’ll be hurdles we have to overcome. But when it comes to protecting the inlet, he’s ready for the fight. “It’ll be a process, and it’ll be a long process,” he said. “But, hey, if we work for it, and we get one in 10 years, it’s worth it.”
Read more » click here
Coast Guard removes buoys from Lockwood Folly Inlet
Serious issues with the condition of Lockwood Folly Inlet were discussed during the March 29 Brunswick Shoreline Protection group’s meeting. Lockwood Folly Inlet is so shoaled that the Coast Guard has removed navigational buoys, and passage is so difficult that U.S. Army Corps of Engineers staff said that except at high tide, even a shallow-draft sidecast dredge like the Merritt cannot safely operate. “This is the worst I’ve seen Lockwood Folly in my career,” said the Corps’ Bob Keistler. The Corps has a $1-million budget to deal with the inlet, but that amount of money won’t begin to pay for mobilization, work and de-mobilization of a large, ocean-going dredge.
Corps leaders said they needed to have more internal discussions before deciding how to proceed. “We need an ongoing solution,” said Brunswick County Commissioner Marty Cooke, adding that a dredge dedicated to the region, a jetty or rock groin terminal are possibilities. “We’ve got to find ways to keep that inlet open,” Cooke said. The channel has a federally authorized depth of 12 feet, plus or minus two feet from high tide.
Read more » click here
9. Discussion and Possible Action on CAMA Contract for the Public Beach and Coastal Waterfront Access Grant (Hatteras Ramp and Access) – Assistant Town Manager Ferguson
a. Ordinance 23-08, An Ordinance Amending Ordinance 22-14, The Revenues and
Appropriations Ordinance for Fiscal Year 2022 – 2023 (Amendment No. 14)
Agenda Packet – pages 54 – 58
Ordinance 23-08 » click here
The attached contract (attachment 1) is for the Public Beach and Coastal Waterfront Access Grant to construct a public beach access and Hatteras Ramp at the pier. The total contract amount is $66,985 with the town’s match being $16,746. The attached budget amendment (attachment 2) is to recognize the funds in this year’s budget. Any work not completed would be carried over until the next fiscal year. Suggested Motion: Approve contract and associated budget amendment.
Previously reported – February 2023
The pre-application cycle is open for the North Carolina Public Beach and Coastal Waterfront Access Program. Staff communicated with the district coordinator to discuss the Block Q project. The project is viable to proceed with application; however, in the event a contract is awarded it would be occurring this time next year. No construction could occur prior to the contact being in place and then it would be on a reimbursement basis. The grant is a 75 percent/25 percent match which in the past has provided up to $250,000 for projects. Communication with the district coordinator reveals the agency would be willing to accept applications requesting more for this grant cycle.
If the board wants to pursue this grant opportunity the pre-application will be coming before you for approval at the March meeting. If invited to do a final application, those would be due in August. The board would be apprised sometime between April and August if the project is being considered.
Basically, staff is seeking guidance on whether to apply for a grant for the whole thing or just the bathroom portion. David recommended that they should just focus on the restroom portion at this time. The motion was made to pursue the grant opportunity through the North Carolina Public Beach and Coastal Waterfront Access Program for the proposed restroom on the property and associated parking.
Previously reported – March 2023
As communicated at the February meeting, the pre-application cycle is open for the North Carolina Public Beach and Coastal Waterfront Access Program. Based on discussion and the board’s direction, staff prepared an application {attachment 1) that includes the public restroom facility at Block Q, site specific restroom parking, and anticipated sidewalk support in the area of the restroom. The application budget also includes site prep cost estimates and money for landscaping around the restroom.
Suggested motion: Motion to approve the NC Public Beach and Waterfront Access Program pre application submittal and direct town manager to submit.
Christy stated that the total grant project cost is $560,000. The Town match is $140,000 and we will be asking the state for $420,000. The motion is to approve the NC Public Beach and Waterfront Access Program grant and direct the Town Manager to submit the preapplication. The pre-application will include the public restroom facility at Block Q, site-specific restroom parking and anticipated sidewalk support in the area of the restroom. Staff was asked to determine whether restrictions for the program can be limited to only the parcels associated with the restroom and associated parking and not to the whole Block Q area.
A decision was made – Approved unanimously
Update –
This is a matching grant for the Hatteras Ramp and ADA walkway at the Pier with the town’s match being $16,746. The motion was made to approve the contract and associated budget amendment.
A decision was made – Approved unanimously
10. Discussion and Possible Action on Purchasing Trailer Bathrooms for Use on Town-Owned Properties – Commissioner Murdock
Agenda Packet – background information not provided
Update –
The surrounding communities provide superior restroom facilities for the public to use. Brian is proposing that we upgrade from porta-johns to trailers like what is currently being used on Sunset Beach. These trailers are air conditioned and ADA compliant. David estimated a cost of approximately one hundred thousand dollars ($100,000) to purchase one. The consensus recommendation was to try doing at least lease one to get started. The motion was made to have staff procure at least one mobile restroom trailer.
A decision was made – Approved unanimously
11. Discussion and Possible Action on Plan for 796 Ocean Boulevard West – Commissioner Dyer
Agenda Packet – pages 59 – 61
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 2022
The Parks & Rec Master Plan lists a number of options for this facility. The Board is requesting that the Parks & Rec committee prioritizes them and recommend what they envision the building be used for. They would like a response from the committee by the BOC’s scheduled February meeting.
Previously reported – February 2022
PRAB Chair John McEntire made the presentation. He addressed the issues as the tasker required them to do. He went through the process that they took and briefly reviewed all considerations. They focused on the potential intended use of the property. They identified and explored several options. The PRAB determined that the property is optimally located to serve as a community center recreational facility as envisioned in the Parks and Recreation Master Plan.
Previously reported – November 2022
Joel homeowner at 798 OBW talked about the condition of 796 OBW a town owned property. He had a slide presentation; the pictures are in the agenda packet. A picture is worth a thousand words, it was an effective way to show how neglected the property is and that it currently is an eyesore. He is simply requesting that the Town of Holden Beach take actions to address the deteriorating conditions there. Commissioner Kwiatkowski reminded everyone that we purchased the building and need to keep it because of noise abatement issues with the adjacent lift station. Regardless of the plans for the building, basic maintenance needs to be performed periodically. Commissioner Dyer said that we need to revisit the master plan and decide what we are doing with that building. The staff is working to get an engineering analysis for the property done. Christy said we don’t have funds allocated and it doesn’t make sense to spend any more money on the property until we decide what we are doing there. They agreed to clean it up, so it was presentable and not an eyesore without spending any significant funds. The Board asked staff to take care of any maintenance possible while the analysis is being completed .
Previously reported – December 2022
Discussion points:
- Possibly direct the Town Manager to solicit bids for painting the outside of 796
- Possibly direct the Town Manager to solicit bids to repair A/C platforms, steps and remove antenna from 796
- Discuss the possibility of requesting bids from local realtors for possibly providing weekly rental
The Board directed Town Manager Hewett to solicit bids to clean up 796 OBW. Work is to include bids for painting, HVAC platforms and back steps. They also would like to explore renting the property on a weekly basis throughout the summer until a permanent use is determined for the building.
A decision was made – Approved unanimously
Previously reported – January 2023
David Wood developed some preliminary plans based off previous discussions of uses for 796 OBW for the board’s review prior to engaging an engineer to conduct an engineering analysis of the proposed plans. The staff provided Mr. Wood with an initial round of feedback and the proposed design (attached) is in front of you for review. Request the board proceed with any recommendations for changes prior to seeking an engineer’s input.
Currently the building is designated as a water asset which would need to change if it became a recreational facility. Architect David Wood conceptual architectural drawings were presented, and he walked the Board through the proposed preliminary design plans. The Board requested some minor modifications be made to the plans. The restraining force is that there is only eleven (11) designated parking spaces on site. Without additional parking in the 800 block, see agenda item one regarding bulkheads there, that significantly reduces the options to utilize this town property. Not to mention we do not have adequate funds to implement plans at this time. They decided to put the entire project on hold for now. The plan is to delay doing the engineering report with those funds being utilized to repair and maintain the facility. They also discussed potential renovations that are necessary regardless of their decision on what they are going to do with the building. It did not seem that they could reach a consensus regarding how the short-term plans align with their long-term plans for the facility.
No decision was made – No action taken
Begin with the End in Mind
The Board needs to decide what they are doing with this property before they get started on any renovations.
Previously reported – February 2023
Expenses
The BOC instructed Town Manager Hewett to get quotes on external painting, carpentry, electrical and mechanical repairs to 796 OBW. A Request For Proposals (RFP) was issued and three bids were received, ranging from $40,990 to $51,523.84. They are all disqualified due to administrative deficiencies and statutory prohibitions.
Revenues
The BOC also tasked Town Manager Hewett with gathering rental projections from property management companies. Staff invited opinions from six (6) local firms. The proposals are attached for your review with each company expressing varying degrees of requirements other than the above repairs to make the house rentable for the upcoming season. A synopsis of the projections is in an attached spreadsheet (attachment 1). A more detailed explanation is provided in each of the attached proposals.
Additional considerations: Staff received several additional comments expressing concerns during the walkthrough that are not captured in the proposals. One company is worried about liability for the town when renters find out it is a town-owned property. They expressed concern renters will be calling the town regardless of property management with any issues and seeking recourse. The Town having rental insurance will need to be a priority. The quote from the League to change the insurance type increases current costs by approximately $400. A new refrigerator, new carpet, and concern over interior steps were considered priorities. Televisions as well as cable/streaming and internet service were also expressed as significant needs for rentals to be successful. Finally, many mentioned that views from the decks were one of the attractiveness features, but currently there is no deck furniture.
Apparently they need to address that the building is a water asset vs. a recreation asset. So, at some point it needs to be reconciled which means that it would need to be purchased by BPART from the water fund. The Town Manager got quotes on external painting, carpentry, electrical and mechanical repairs to 796 OBW for a cost of approximately $50,000. Three bids were received, but they all were disqualified due to administrative deficiencies and statutory prohibitions. Bottomline is that they can’t leave the house as it is. As a bare minimum they need to address the safety issues and also need to repair and maintain the facility. The Board decided to have David approach the most responsive bidder, straighten out the paperwork and make an award that is contingent on a budget amendment. The consensus was to get more information before deciding about making it a rental property.
A decision was made – Approved unanimously
Previously reported – March 2023
At the February meeting, the board directed Town Manager Hewett to contact the apparent most responsive bidder for the 796 OBW repairs and obtain the information that was excluded from the original RFP response. Mr. Robbins has provided that information. His bid for the repairs is $48,440. He can begin 45 days after award of contract and issuance of permits and estimates the work will be completed in six weeks. The board also discussed that the water fund would pay for the repairs since it is a water asset. The attached budget amendment (attachment 1) provides for the repairs through appropriated fund balance. If the board wants to move forward with repairs, a motion should be made to award the bid to Robbins Home Improvement and approve the associated budget amendment.
As a follow up, the board briefly discussed having the company with the highest rental projection come to speak at a meeting, but nothing was decided on the revenue side. If the board wants to pursue that option, staff can contact the company for the April meeting through consensus of the board.
Ordinance 23-05 » click here
The motion was to approve the contract between the Town and Robbins Home Improvement for $48,440. That expense is simply for the cosmetic portion and also to bring the building into compliance with the minimum standards to our own town ordinances. The vendor indicated that work will be completed in about twelve (120 weeks. They have not decided yet whether to make this a rental property, but these repairs do not make it ready as a rental property.
A decision was made – Approved (4-1)
Commissioner Dyer opposed the motion
Update –
Page proposed doing work in stages and starting with bathroom and shower facilities at this location. They need to determine what funds are available to see what they can do for this season. They agreed that it is to be discussed at the budget workshop later this week.
No decision was made – No action taken
12. Discussion and Possible Action on Rooftop Lease Agreement between the Town and Dish Wireless – Public Works Director Clemmons
Agenda Packet – pages 62 – 76
Dish Wireless has contacted the Town and would like to place equipment on the water tower. Their proposed agreement is in the packets for your review. They are offering the Town $1,500 per month to place three antennas on the water tower.
Update –
Dish Wireless proposal is for a yearly rent of $18,000. We currently receive higher monthly rates from the vendors that currently have equipment on the water tower. We currently have an income of over one hundred thousand ($100,000) annually. The Board decided to offer them a contract of $2,000 a month just for one year.\
A decision was made – Approved unanimously
Editor’s Note –
Dish Wireless proposal is for a yearly rent of $18,000. The last time we reviewed this issue was several years ago.
At that time, we were getting the following:
Company Yearly Rent
Verizon $36,572
AT&T $29,028
US Cellular $18,889
T-Mobile $18,062
13. Discussion and Possible Action on Process for Filling Vacant Commissioner Position – Commissioner Murdock
Agenda Packet – background information not provided
Previously reported – March 2021
§30.11 TERMS OF OFFICE; FILLING OF VACANCIES.
(A) Commissioner shall be two years, both of which begin on the day of first regular meeting in December following their election, except in case either is elected to serve an unexpired term, in which case the newly elected officers shall qualify and commence serving immediately upon the declaration of the result of the election by the Town BOC.
(B) Vacancies shall be filled as provided for in North Carolina General Statute § 160A-63
§160A‑63. Vacancies.
A vacancy that occurs in an elective office of a city shall be filled by appointment of the city council. If the term of the office expires immediately following the next regular city election, or if the next regular city election will be held within 90 days after the vacancy occurs, the person appointed to fill the vacancy shall serve the remainder of the unexpired term. Otherwise, a successor shall be elected at the next regularly scheduled city election that is held more than 90 days after the vacancy occurs, and the person appointed to fill the vacancy shall serve only until the elected successor takes office. The elected successor shall then serve the remainder of the unexpired term.
Coates’ Canons NC Local Government Law
G.S. 160A- 63says: “A vacancy that occurs in an elective office of a city shall be filled by appointment of the city council.” Does the “shall” in this sentence mean that they are required to fill the vacancy, or does it mean that if it is to be filled, the council is the body to fill it? There appears to be no case interpreting this provision, so it could be read either way. I think the safest and most appropriate reading is that the council must fill the vacancy.
The statute does not set a time frame within which this must be done. In contrast, the statute directing county commissioners to fill vacancies clearly requires them to do it and provides for the clerk of superior court to do it if the commissioners fail to within 60 days after the vacancy occurs. See, G.S. 153A-27. It could be argued that the difference suggests a legislative intent to allow cities an indefinite amount of time to fill the vacancy, but it’s hard to square that with the statute’s provision that city councils “shall” fill a vacancy. If there is no time within which the appointment must be made, in effect, they never have to make it. If the legislature intended this result, it seems that the statute would say they “may” fill the vacancy.
City council members sometimes suggest that they would prefer to leave it to the electorate to choose a new council member – essentially making a decision not to fill the vacancy before the next election. While this may reflect a genuine desire to avoid displacing the public’s opportunity to choose a council member, it opens the process up to manipulation. For example, in the case of an odd-numbered board operating with one less member, a decision not to fill the vacancy increases the role of the mayor in breaking ties. To avoid this, and to provide citizens with the benefit of deliberation and action by the full complement of members called for in the charter, the vacancy should be filled as soon as reasonably possible.
For more information » click here
Filling a Vacancy on the Town Council
Filling a Vacancy on the Town Council
Previously reported – March 2021
Commissioner Pat Kwiatkowski has resigned, she plans on moving off the island. The Board needs to fill the vacant seat sooner rather than later since we have just begun the budget process. When Woody resigned they decided that although the statute states that the position is to be filled by appointment by the Board, they would consider anybody in the Town that wants to be a Commissioner. That Board agreed to request that anybody interested should submit their qualifications.
Update –
Brian stated that regrettably we have an open seat, and we are far enough out from an election that we need to fill the vacancy. Brian felt that the public is not adequately represented now, and we should ask for candidates like we did the last time. He felt that we need five (5) people on the Board. Rick felt it could wait and have the public make the decision. Also, if they fill the seat now, it would only be till the election in November. Brian made the motion but there was no second so we will play man down until December after the November elections.
No decision was made – No action taken
Ironically they chose not to fill the seat despite the fact that two (2) of the Commissioners now on the Board were selected to fill an unexpired commission term. Coates’ Canons NC Local Government Law interprets shall be filled as mandatory and the Board must fill the vacancy. The vacancy should be filled as soon as possible, this is not optional. I personally feel that we really need to fill the seat sooner rather than later, because we have a lot of time left on the clock till December and a lot of loose ends that decisions need to be made on.
14. Discussion and Possible Action on Joining the North Carolina Cooperative Liquid Assets Securities System (North Carolina CLASS) – Finance Officer McRainey
a. Resolution 23-08, Resolution to Participate in NC CLASS
b. Joinder Agreement to Interlocal Agreement
Agenda Packet – pages 77 – 85
The town wishes to move a portion of funds from an underperforming money market account into the North Carolina Cooperative Liquid Assets Securities System (North Carolina CLASS) which is a very safe AAA rated and liquid investment pool for local governments. The attached resolution and joinder agreement must be signed for the town to move forward.
North Carolina CLASS » click here
Resolution 23-08 » click here
Update –
By joining the investment pool for local governments, we would improve the Town income. The motion was to join and sign the agreement.
A decision was made – Approved unanimously
15. Discussion on the Possibility of Having the HB Seal on All Town-Owned Vehicles Other Than Unmarked Police Cars – Mayor Pro Tem Smith
Agenda Packet – background information not provided
Update –
Rick requested Town seal should be put on all motor vehicles excluding the police department vehicles. David figures maybe a half dozen vehicles don’t have seal now and would be just a few hundred-dollar expense. The motion is to add the seal to the town vehicles that don’t have a seal now.
A decision was made – Approved unanimously
16. Public Comments on General Items
A number of property owners spoke and are in opposition with the proposal to develop the park. Basically, they don’t want to see it change from its natural beauty and would like to see it preserved as it is. Rick Paarfus pointed out that a lot of the park is in the USACE easement, and anything put there could be removed at any time.
Sailfish Park Online Survey
The 2021 Comprehensive Parks and Recreation Master Plan identified recommendations for Sailfish Park including a canoe/kayak launch, covered picnic shelter, educational signage and a restroom facility.
The Town is currently engaged in a site-specific master plan to further refine what the public would like to see regarding park development. Click here to access an online survey. The consultant is also scheduled to be available onsite and at the concert Memorial Day weekend to provide opportunities for community engagement.
We look forward to receiving your responses!
17. Town Manager’s Report
Budget season is underway, the second budget workshop is scheduled for Thursday, April 20th
Town is having discussions with Brunswick County regarding them considering cutting off sewer service during a storm event if storm surge is over four (4) feet, which is almost always the case.
Ocean Boulevard Bike Lane Project
The bike lane project is moving forward, they now have an acceptable bid. Unfortunately, costs have gone up increasing are portion by another one hundred thousand dollars ($100,000). Work is still scheduled to begin after Labor Day this year and to be completed by Memorial Day in 2024
DOT Bike Lane Report Presentation » click here
Previously reported – November 2022
Caitlin did a brief recap for the proposed bike lanes. The plan includes bike lanes of 5’ on each side of Ocean Boulevard. It will be an asymmetrical widening, that is 7’ on the south side and only 3’ on the north side where the sidewalk is. They had some issues/challenges with permitting that have been resolved. They successfully got the permit issued on November 9th. In order to do so they agreed to monitor their work for any drainage issues and committed to address them after the project is completed. At the end of this month, they will advertise the project. One month later they will open bids and know what the actual prices for the contract are. At that time, they will decide whether or not to proceed with the project. The date of availability is at the end of January, with a finish date of Memorial Day.
Previously reported – December 2022
Not good news. Recently had a conversation with the project engineer Caitlin. Only one (1) bid was received, which was 40% above their estimate. The bid was also above five (5) million dollars, which automatically triggered a review. The result was that the bid was rejected, and they will need to resolicit the bid. It is expected that the project will be pushed off for at least another year. The most likely scenario is that construction won’t start till the end of 2023. The project will then have a completion date by Memorial Day 2024.
Previously reported – January 2023
Catlin confirmed they will resolicit the bid, construction to start September 2023 with a completion date by Memorial Day 2024.
Bike lanes to be added to over six miles of Ocean Blvd in Holden Beach
Work is set to start later this year on improvements to over six miles of Ocean Boulevard in Holden Beach. The N.C. Department of Transportation awarded a $5.2 million contract to Fayetteville-based Highland Paving Co. last month for the improvements. The section between Shell Drive and Dunescape Drive will be resurfaced and widened to add marked bike lanes on both sides of the road, according to the NCDOT. That section includes most of the road, only missing about a mile at the less-populated west end. The NCDOT expects the work to be completed about a year after it begins this fall.
Read more » click here
In Case You Missed It –
Hurricane Vehicle Decals
2023 vehicle decals were sent out in this month’s water bill.
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 the Town website to find out more information regarding decals and emergency situations.
National Flood Insurance Program: Reauthorization
Congress must periodically renew the NFIP’s statutory authority to operate. On December 23, 2022, the President signed legislation passed by Congress that extends the National Flood Insurance Program’s (NFIP’s) authorization to September 30, 2023.
Upcoming Events –
HBBC Plant Sale
The Holden Beach Beautification Club is holding their annual plant sale on Friday, April 28th and Saturday, April 29th at the Vintage Construction Company, which is beside Archibald’s located at 3003 Holden Beach Road. Garden products will be available for purchase. All funds generated from the plant sale are earmarked for beautification projects on the island. Visit the Beautification Club’s website at http://holdenbeachbc.org/ if you are unable to attend the plant sale but would like to contribute.
Friday and Saturday of the Spring Festival weekend
Days at the Docks Festival
The festival occurs in April or May of each year, this year it is April 29th & 30th, and is sponsored by the Greater Holden Beach Merchants Association. It’s the Holden Beach way to kick-off the Spring and start the vacation season.
Concerts on the Coast Series
The Town’s summer concert series calendar has been released! Live performances featuring local musical groups are held at the pavilion on Sunday evenings from late May to early September. The concerts are free of charge.
For more information » click here
18. Executive Session Pursuant to North Carolina General Statute 143-318.11(a)(3), To Consult with the Town Attorney – Mayor Pro Tem Smith
They came out of Executive Session and voted unanimously to add an agenda item
19. Discussion and Possible Action on Approval of Key Bridge Foundation ADA Mediation Agreement
Item was added to the agenda – background information was not provided
Resolution 23-10 » click here
The Key Bridge Foundation has greatly assisted the Town of Holden Beach in its
endeavor to promote a family friendly atmosphere in identifying and developing mitigation
strategies that will provide more inclusive accommodations and access to the Town of Holden Beach.
Meeting was recessed till April 20th at 5:25pm to put finishing touches on the agreement
Back in session, the motion was to adopt Resolution 23-10
They did not share with the public what is in the agreement
A decision was made – Approved unanimously
The U.S. Department of Justice (DOJ) works with the Key Bridge Foundation (KBF) in a public-private partnership to administer the Americans with Disabilities Act (ADA) Mediation Program to settle complaints under Title II and III of the Americans with Disabilities Act of 1990. Since 1994, The KBF maintains a national roster of seasoned neutral mediators with expertise in the ADA, receiving over 7,000 complaints referred to mediation by DOJ. In 79% of cases, complainants and respondents will implement an agreement that resolves the complaint.
Read more » click here
ADA Mediation Program Brochure » click here
BOC’s Special Meeting 04/20/23
Board of Commissioners’ Agenda Packet » click here
Audio Recording » click here
1. Budget Workshop
David gave overview – Budget schedule / Laid out by fund / Highlights
All the department heads were there to explain their portion of the budget
The original draft proposal has been refined, it is now a serviceable level document
First cut started with a revenue neutral tax rate
COLA is based on Consumer Price Index; they discussed reducing the proposed COLA amount to 3%
David indicated that we will probably need to raise the tax rate by approximately three (3) cents to cover proposed expenses. (That’s a 25% increase / Yikes!)
Rhonda Wooten CAMA/Zoning Official in Planning & Inspections department is retiring
Mayor Alan Holden – was not in attendance
Holden Beach
Typical home value: $800,000
Revaluation Tax base increased 73%
Current tax rate = .2000 cents
Revenue Neutral Tax Rate = .1200 cents
Proposed Tax Rate = .1500 cents
What exactly does revenue-neutral mean?
A revenue-neutral tax rate is the rate that would continue to bring in the same total amount of tax dollars despite the increased property valuations. With a revenue-neutral budget, an increase in property tax values is offset by a tax rate decrease, which maintains the same revenues as the prior year.
What does this mean to you?
The tax rate increase varies based on individual property assessment after revaluation
BEFORE AFTER TAX INCREASE
Property assessed value $500,000 $865,000 $865,000
Rate per $100 value $.2000 $.1200 $.1500
Taxes $1,000 $1,004 $1,298
This is the math after revaluation and the proposed tax rate increase
General Comments –
BOC’s Meeting
The Board of Commissioners’ next Regular Meeting is scheduled on the third Tuesday of the month, May 16th
- Block Q Project
- Pier Properties Project
- Water System Assessment / Water Tower
- Stormwater Management Project
- Sailfish Park Site Master Plan
- Fire Station Project
- 796 OBW Project
- USACE / Coastal storm Risk Management Study
- Sewer System / Lift station #2
- Bike lanes
Know the difference between wants and needs?
One of the most basic concepts of economics is want vs. need.
A need is something you have to have.
. • It’s something you can’t do without.
A want is something you would like to have.
. • It’s not absolutely necessary, but it would be a good thing to have.
Well, this is embarrassing …
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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.
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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