Lou’s Views
“Unofficial” Minutes & Comments
BOC’s Special Meeting 02/27/25
Board of Commissioners’ Agenda Packet » click here NA
Audio Recording » click here
1. Closed Session Pursuant to North Carolina General Statute 143-318.11(a)(3), Consult with the Attorney – Mayor Pro Tem Myers and Commissioner Thomas
When they came out of the closed session Mayor Pro Tem Myers announced that they instructed the Town attorney Moore on how to move forward with the pending litigation.
Mayor Alan Holden was not in attendance
Commissioner Page Dyer was not in attendance
Commissioner Rick Smith – was not in attendance
BOC’s Special Meeting 03/13/25
Board of Commissioners’ Agenda Packet » click here
Supplement – General Fund » click here
Audio Recording » click here
1. Budget Workshop – Mayor Pro Tem Myers & Commissioner Thomas
. a) Fiscal Year 2025 – 2026 Goals and Objectives
. b) Revenues
. c) Major Expenditures – Updates and Outlook
BOC’s Regular Meeting 03/18/25
Board of Commissioners’ Agenda Packet » click here
Audio Recording » click here
1. Conflict of Interest Check
2024 Rules of Procedure for the Holden Beach Board of Commissioners
(e) Conflict Check. Immediately after the approval of the agenda, the Presiding Officer shall poll each member to disclose any potential conflicts of interest. In the event that a potential conflict is disclosed, the members will vote on a motion to allow or excuse that member with respect to the agenda item. If excused, the member may not participate in any discussion, debate, or vote with respect to the agenda item.
The Board was polled by Heather our Town Clerk. All of them declared that there was no conflict of interest with any agenda item at this meeting.
2. Discussion and Possible Action to Accept Recommendations from HDR Regarding the Condition Assessment of the Pier – Interim Town Manager Ferguson
Agenda Packet – pages 14 – 19
HDR Executive Summary » click here
ISSUE/ACTION REQUESTED:
Consideration and possible action to accept recommendations from HDR regarding the condition assessment of the pier.
BACKGROUND/PURPOSE OF REQUEST:
HDR was hired to engage in engineering analysis of the pier. The condition assessment of the pier structure has been initiated by their structural lead. HDR will present the findings.
TOWN MANAGER’S RECOMMENDATION:
Receive report and provide direction to HDR for continued work.
On March 3, 2025, HDR conducted a site investigation and condition assessment as defined in the “Waterfront Facilities Inspection and Assessment – Manuals and Reports on Engineering Practice No. 130” published by the American Society of Civil Engineers.
In summary, the overall condition of the existing fishing pier was assessed to be in POOR condition and HOR recommends replacing the timber superstructure in its entirety. The pier approach (superstructure and substructure) will also be required to be replaced in its entirety to satisfy federal ADA requirements. The existing substructure has many structural deficiencies which would require extensive repairs and is currently at the end of its useful service life. This coupled with the fact that the recommended construction methods would be similar for both repair and replacement options supports the conclusion that repairing the existing pier would not be structurally cost effective, nor would it provide the longevity or service life that results from replacing the timber fishing pier. Therefore, it is HDR’s recommendation that the Town of Holden Beach consider a pier replacement option only.
Update –
HDR is the engineering firm we hired to evaluate the pier structure. The presentation was on the pier condition assessment and their recommendations. The pier superstructure and substructure are currently at the end of their useful service life. Their report indicates that repairing the existing pier would not be cost effective. Commissioner Smith seemed to refuse to accept the report created by a licensed marine structural engineer that repair is doable but not practical. Commissioner Smith had an antagonistic exchange with the vendor. His behavior was completely inappropriate, the relationship between the Board and the engineering firm should not be adversarial. It’s the firm’s recommendation that the Town consider the pier replacement option only. Now that they are able to make an informed decision they have decided to cut our losses, to save both time and money, by not considering the repair option. HDR will begin to develop an engineering design with cost estimates for both the building and maintaining a new pier. The motion was made to accept their preliminary report and their recommendation to move forward on preliminary planning to build a new pier. So, we are back to the drawing board.
A decision was made – Approved (3-2)
Commissioners Smith and Dyer opposed the motion
Commissioner Smith was acting like a child who didn’t get his way
Despite the public’s lack of support, the previous Board decided to move forward with the pier properties purchase anyway. The cost for the pier property signed contract in 2021, was three million two hundred and fifty thousand dollars ($3,250,000). The pier inspection report stated that the Holden Beach fishing pier has likely surpassed its remaining service life considering it was constructed in 1957, which is 64 years old. Commissioner Sullivan made a motion to go back to the seller and ask for a reduction of price based on the findings of the ATM inspection report. The Board chose to disregard the negative engineers report and did not negotiate with the seller to get a reduction of the sales price. Instead that Board decided that they should proceed with this purchase. What needs to be said is had the previous Board done the right thing we would not have paid what we did. We now will have to incur the additional cost for removal and possible replacement. Which brings us back to the most fundamental question which was never addressed: How are we going to pay for this?
3. Police Report – Chief Jeremy Dixon
Agenda Packet – pages 20 – 24
Police Report » click here
Jeremy reviewed the actions that were taken by them last month
Business as usual for this time of the year
Jeremy encourages everyone to download the app
NC Police Connect on the App Store
Personnel announcement
There are currently only four (4) officers working out of eleven (11) positions
We are down seven (7) officers
. * four (4) vacant positions and three (3) officers are out on medical leave
To say that they are stretched pretty thin is an understatement
Jeremy is looking at mutual aid from other police departments
Having the full complement of eleven (11) police officers seems to be an elusive goal.
What he did not say –
NA
It’s that time of year, rental season ends, and break-in season officially starts
Requested that we all serve as the eyes and ears for law enforcement.
If you know something, hear something, or see something –
call 911 and let the police deal with it.
5. Inspections Department Report – Inspections Director Evans
Agenda Packet – pages 25 – 28
Inspections Report » click here
ACTIVE NEW HOME PERMITS = 21
OTHER ACTIVE PERMITS = 454
PERMITS ISSUED OVER $30,000 = 79
* AMOUNT INCLUDED IN ACTIVE TOTAL
PERMITS ISSUED OVER $100,000 = 5
* AMOUNT INCLUDED IN ACTIVE TOTAL
PERMITS ISSUED SUBSTANTIAL IMPROVEMENTS = 0
* AMOUNT INCLUDED IN ACTIVE TOTAL
PERMITS ISSUED WAITING PICK UP = 27
TOTAL PERMITS = 502
PERMITS IN REVIEW = 6
CAMA ISSUED = 5
ZONING ISSUED = 8
PERMITS SERVICED FOR INSPECTIONS FROM 02/07 – 03/07 = 94
TOTAL INSPECTIONS MADE = 175
Update –
Timbo briefly reviewed department activity last month, the department is very busy.
Director Evans reviewed the status of the ADA projects. The Town is close to meeting all the requirements in the ADA agreement. In most cases the Town has gone above and beyond the requirements of the ADA agreement. We are scheduled to finalize the Mediation Agreement shortly.
Community Rating System (CRS)
Based on the work of his department they have improved our CRS rating. We are good to go till 2029. The improved CRS ratings will get us additional savings in flood insurance premium rates.
Community Rating System (CRS)
The National Flood Insurance Program’s (NFIP) Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements.
As a result, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community actions meeting the three goals of the CRS:
- Reduce flood damage to insurable property;
- Strengthen and support the insurance aspects of the NFIP, and
- Encourage a comprehensive approach to floodplain management.
For CRS participating communities, flood insurance premium rates are discounted in increments of 5% (i.e., a Class 1 community would receive a 45% premium discount, while a Class 9 community would receive a 5% discount (a Class 10 is not participating in the CRS and receives no discount)). The CRS classes for local communities are based on 18 creditable activities, organized under four categories:
- Public Information
- Mapping and Regulations
- Flood Damage Reduction
- Flood Preparedness
National Flood Insurance Program Community Rating System
For more information » click here
5. Finance Department Report – Finance Officer McRainey
Agenda Packet – pages 29 – 33
Finance Report » click here
Update –
Daniel participated remotely, he briefly reviewed the Finance Report
Penny our newly hired tax collector made the request to advertise the tax liens on real property. A motion was made to approve the publishing of the unpaid tax liens on real property.
A decision was made – Approved unanimously
6. Fire Department Update – Fire Chief Doug Todd
Agenda Packet – pages 34 – 47
Fire Department Report » click here
ISSUE/ACTION REQUESTED:
Allow a presentation by the fire department.
BACKGROUND/PURPOSE OF REQUEST:
The fire department periodically presents to the BOC about the status of the department, call volume, and future needs. A department representative prepared agenda packet material to aid in the discussion.
Tri-Beach Volunteer Fire Department Year-End Review and Request
Total Calls = 211
Major Incidents = 4
Water Rescues = 9
We would like to see the town continue working toward the upgrade/replacement of the fire station on the island.
We request the town continue looking for ways to keep areas around emergency access and the pier open so that emergency vehicles can safely travel to and from incidents without endangering the public on the beach strand.
We request that the town consider acquiring (through purchase or agreement) emergency access west of the 800 block. This is vital to our timely response to calls on the beach strand.
We would like to deliver weekly public education to our visitors during the summer season. This would include fire safety and beach/water safety messages.
We request that the town partner with us to provide water safety stations along the beach to aid in water rescues. Rip current information would be available via a QR code on the sign, which would display the status of rip currents through the National Weather Service.
Previously reported – January 2023
The Tri-Beach VFD has been using the four bay Town owned building at 572 Ocean Boulevard West for a number of years to house fire apparatus that is used for firefighting, emergency medical calls and rescue calls on the island and off the island as needed. Housing the equipment on the island has been beneficial to Town of Holden Beach residents and vacationers on the island. Currently, staffing by the department is in place twelve hours a day (7:00 AM to 7:00 PM) during the summer months typically from Memorial Day to Labor Day. The rest of the year, 24-hour staff responds to calls on the island from the off-island fire stations. Due to the increase in permanent residents and renters staying on the island, before Memorial Day, during the summer, and after Labor Day, emergency calls on the island are on the increase. Tri-Beach is working on a plan to provide sufficient staff to man Station 2, 24 hours a day, 7 days a week all year. This will improve the response time to calls on the island during the entire year. To safely house staff 24 hrs./7 days a week, upgrades to Station 2 will be necessary. The Board of Directors of the Tri-Beach Volunteer Fire Department is formally requesting the Town of Holden Beach to put a plan in place to upgrade (or replace) the existing Station 2 building to provide the necessary facilities (such as a bunk room, kitchen, flood resistance, etc.) to support safely housing onsite staff for 24 hours a day. The Tri-Beach Chief officers and staff stand ready to assist Town personnel in the planning and execution of upgrading the Station 2 building to provide enhanced fire, emergency medical and rescue services to the residents and vacationers in the Town of Holden Beach. Please respond to the Board of Directors as soon as possible so that we can all move forward on this plan.
Assistant Chief David Ward of the Tri-Beach Fire Department made the presentation. As a representative of the fire department, he was there to justify the request for them to either upgrade or replace the existing fire station. Call volumes have significantly increased, and they would like to staff the fire station on the island around the clock all year long so they can adequately provide protection to the public. Timbo pointed out that this is a critical facility and impacts our Community Rating System score which reduces our homeowners insurance costs. The Board members agreed that they need to create a committee so they can make an educated decision about what they should do. Mayor Holden requested additional information from the fire department to know what their options are before they proceed.
No decision was made – No action taken
Previously reported – February 2023
Assistant Fire Chief Ward has provided the Board with information showing the locations a fire station could be located as requested at the January meeting. Tri-Beach Fire Department leadership will be in attendance to review it with the Board.
Follow-up to the last meeting request for additional information. The current location is situated pretty much where it needs to be. The fire station could be placed between Fayetteville Street and the eight hundred block on OBW, which is based on a five (5) mile maximum service area. Basically, the fire station needs to stay where it’s at on Starfish Drive. That said, as their equipment gets larger he questioned whether the site was big enough to accommodate the larger vehicles. There was not any discussion about moving forward or creating a committee.
Update –
Assistant Chief David Ward of the Tri-Beach Fire Department made the presentation. Their goal is to enhance their relationship with the Town. He explained each of the items listed and would like to continue conversations with their asks.
They are requesting that the town partner with them to provide water safety stations along the beach to aid in water rescues. Rip current information would be available via a QR code on the sign, which would display the status of rip currents through the National Weather Service. The surrounding communities already have them. Proposing seventy-two (72) stations at their cost, which they will maintain too. By consensus they requested the staff work with the Fire Department to bring a proposal back to the Board.
They briefly discussed putting together more information on what steps they need to take in order to move forward with replacement of the fire station
7. Town Manager Report – Interim Town Manager Ferguson
Agenda Packet – page 48 – 49
Town Manager Report » click here
Christy reviewed the Town Manager Report
Greensboro Street / Sewer Lift Station #2
Mobilized onsite end of December
Construction schedule anticipates completion in August
First disbursement applied to NCDEQ (state grant) on 12/20/24
Received payment on 03/03, turnaround on funding request timeline is of concern
The contractor is having difficulty finding the Buy America, Build America required materials for the grant
Waivers have been requested so those items could be procured a different way
Key Bridge Mediation Agreement
Ave E – Public/Emergency Beach Access and Restroom Facility
Both the walkway and restroom are complete.
The beach mats required for the agreement arrived yesterday and they will start installing them immediately
Recycling Program
Recycling participation is trending lower this year, be mindful to get renewals in
THB Newsletter (03/05/25)
2025 Recycling Deadline
Renewals for 2025 are due by April 1st. If payment is not received by April 1st, you recycling cart will be picked up by GFL. If you decide to reestablish the service after your cart is picked up, you will be assessed a fee of $50, in addition to the annual service cost. The 2025 service cost is $119.35 annually paid in advance to the Town of Holden Beach. The service consists of a 96 gallon cart that is emptied every other week during the months of October – May and weekly during the months of June – September. You may apply in person at Town Hall or by clicking here to download the application and mailing it in with your check payment.
Employee Updates
Receptionist Penny King was hired for Fiscal Operations Specialist position
We filled the position by promoting from within
In the process of interviewing for the receptionist position
Atlantic Intracoastal Waterway (AIWW) Crossing
Alerted by the Corps that we should be receiving funds back from Crossing Project
Ocean Boulevard Stormwater
Met with Ward and Smith on March 6th to navigate federal approach to funding
Received call from Wilmington District they want to meet regarding same
Met with Dept. of Natural and Cultural Resources regarding possible state assistance
Our lobbyist Ward and Smith met with the State regarding Federal funding for Ocean Blvd. Stormwater issues
Previously reported – February 2025
Survey completed with NC Division of Water Resources to show need for increased funding through the Water Resources Development Grant program. This program is for projects that reduce flooding and increase resiliency and is a source for potential state stormwater funding. We received word that the Town has qualified for Disaster Relief Funding through the Corps (USACE) for the September event. Funding is to initiate and complete design and construction of stormwater management infrastructure along Ocean Boulevard. More to come on a Project Partnership Agreement (PPA) and the required Board Action to engage in the $2.2 million in federal funding.
Pier Site
HDR conducted structural inspections at pier on 03/03
Canal Dredging Permit
Heritage Harbor CAMA permit was approved/renewed
Tracking Tool
The BOC’s are looking for a status report on a monthly basis in order to track the progress of projects that they have prioritized.
- #2 ADA Self-Assessment
- #6 ADA bathroom (at block Q)
- #7 Fire station Upgrades
- #8 Improve Audio/Video for Town Meetings
- #14 Block Q Site Plan
- #18 Update Town Website
- #19 Pier Repair/Replacement
- #26 Investigate vacuum bypass system
The current status of each of the eight (8) items listed is in the Town Manager Report
What she did not say –
Paid Parking
Annual parking passes are now available for purchase
Hurricane Vehicle Decals
Property owners were provided with four (4) decals that were included in their water bills
Bike Lane Maintenance
Bike lane maintenance operations have been completed
In Case You Missed It –
THB Newsletter (02/22/25)
Dog Reminders
Please remember that any time your dog is off your premise, they must be on a leash, cord or chain at all times. Also, dog owners must remove dog waste immediately after it is deposited by the dog when on public property or any private property, including vacant lots, without the permission of the private property owner. Dog waste stations are conveniently located throughout the island.
Emergency Operations Center
The EOC building is being used by Tri-Beach Fire Department while they renovate their fire station on Sabbath Home
National Flood Insurance Program: Reauthorization
Congress must periodically renew the NFIP’s statutory authority to operate. On March 14, 2025, the president signed legislation passed by Congress that extends the National Flood Insurance Program’s (NFIP’s) authorization to September 30, 2025.
News from Town of Holden Beach
The town sends out emails of events, news, agendas, notifications and emergency information. If you would like to be added to their mailing list, please go to their web site to complete your subscription to the Holden Beach E-Newsletter.
For more information » click here
Upcoming Events –
Family Nighttime Easter Egg Hunt
The Town will hold its annual nighttime Easter Egg Hunt on Friday, April 18th
HBPOA Easter Membership Meeting
HBPOA membership meeting at 10:00 a.m. on Saturday, April 19that Town Hall
Easter Sunrise Service
Easter Sunrise Service at 6:30 a.m. Easter Sunday, April 20th beside the HB Pier
8. Consideration and Possible Action to Award Bids for the Demolition of the Pier Building – Interim Town Manager Ferguson
Agenda Packet – pages 50 – 66
ISSUE/ACTION REQUESTED:
Consideration and possible action to award bids for the demolition of the pier building
BACKGROUND/PURPOSE OF REQUEST:
The bids for the demolition of the pier building were received on February 21st. There were four companies that responded. Planning and Inspections Director Evans followed up on some bid specifics. Based on his review and follow up. his recommendation is for Jessie & Myers Construction Company based on price.
We received four bids for the demolition of the pier building as follows:
RHI $36,000
Cohen Construction $42,875
Jessie & Myers $46,500
Pinnacle Southeast $54,000
TOWN MANAGER’S RECOMMENDATION:
If the board is choosing to move forward with this action item at this time, then award bids to most responsive bidder.
The most responsive bid received after review of bid specifics by Planning and Inspection Director Evans is $46,500 submitted by Jessie & Myers Construction Company, Inc. Ranking in order after follow- up discussion was as follows:
Jessie & Myers Construction
Pinnacle Southeast Contracting Group
Cohen Construction
Robbins Home Improvement
Suggested Motion:
If the board is choosing to move forward with this action item at this time, then staff recommends approving the bid for Jessie & Myers and authorizing the interim manager to execute the associated paperwork. The funds will be sourced from Available to Appropriate in BPART
Update –
The agenda packet specifically states that the selection of Jessie & Myers was based on price, which is obviously not the case. Christy explained that they needed additional info on environmental testing and reviewed the total scope of work. The staff determined that the most responsive bid was from Jessie & Myers and that is who they recommended. Commissioner Smith objected because protocol has been to award the bid to the vendor with the lowest bid. I find it ironic since this time the Board deferred to the towns staff recommendation, which is exactly what he has argued for in the past. The project will start within two weeks of receiving notice to proceed and be completed within two weeks. Commissioners also requested that Christy discuss with the contractor to work with the Holden Beach Community Alliance to retrieve items inside the building that the organization identified as historically significant. Motion was made to award the bid to Jessie and Myers Construction Company for $46,500. The Board approved the bid from Jessie & Myers to demolish the pier building and instructed Interim Town Manager Ferguson to execute the associated paperwork.
A decision was made – Approved (3-2)
Commissioners Smith and Dyer opposed the motion
Commissioner Smith continues to whine about the 3-2 votes
Don’t recall that being his position when he was in the majority
In other words, Good for me, but not for thee
Commissioner Paarfus responded –
that there was a time when he was the 3-2 guy “Karma’s a Bitch”
9. Consideration and Possible Action to Award Contract for the Construction of the Restroom Facility and Associated Parking/Sidewalks at Block Q – Interim Town Manager Ferguson
Agenda Packet – pages 67 – 68, plus separate packet
Supplement – Contract » click here
ISSUE/ACTION REQUESTED:
Consideration and possible action to award contract for the construction of the restroom facility and associated parking/sidewalks at Block Q.
BACKGROUND/PURPOSE OF REQUEST:
The bids for the project were due back on January 14th. A second bid opening was held January 28th due to an insufficient number on January 14th. This project will include modular stormwater, sitework prep, and construction for the bathrooms and associated parking/sidewalks. Recommendation for award of contract.
TOWN MANAGER’S RECOMMENDATION:
Award contract to responsive bidder. Direct interim town manager to sign contract and complete all associated paperwork.
The most responsive bid after two rounds of advertising for the Block Q restroom and parking facility is $543,200. It falls within the budget for the project. The bid proposal outlines one hundred calendar days to completion.
Suggested Motion:
Approve the contract for Kowen Construction and authorize the interim manager to execute the associated paperwork.
Update –
The Board approved the contract with Kowen Construction for the Block Q restroom and parking facility in the amount of $543,200. Work is expected to be completed within one hundred (100) calendar days from the commencement of the work. Motion was made to award the contract for the construction of the restroom facility on Block Q authorize Town Manager to execute the associated paperwork.
A decision was made – Approved unanimously
10. Consideration and Possible Action to Accept the Parks & Recreation Advisory Board’s Recommendation on Pickleball Courts –Interim Town Manager Ferguson
Agenda Packet – pages 69 – 70
ISSUE/ACTION REQUESTED:
Consideration and possible action to accept PRAB recommendation on pickleball courts
BACKGROUND/PURPOSE OF REQUEST:
The PRAB worked since the October BOC tasker to evaluate locations for pickleball courts on the island. Field trips were completed as part of the process to benchmark other communities. Town owned sites were also visited for evaluation and elimination.
TOWN MANAGER RECOMMENDATION:
Receive the recommendation and consider the tasker complete.
At the October 2024 meeting of the Board of Commissioners, the Board tasked the Parks and Recreation Advisory Board (PRAB) with evaluating Town-owned properties to determine a location to add pickleball courts to the island.
The PRAB established requirements for pickleball courts:
- Proximity to bathrooms
- Available parking & sidewalks
- Site preparation
- Proximity to residencies- noise
- Layout on property
- Lighting
- Fencing
To benchmark other communities, the PRAB visited pickleball courts at Ocean Isle Town Park, Ocean Isle Beach Park, and Lockwood Folly. The PRAB also visited four potential sites for pickleball courts on Holden Beach; Sand Dollar site (adjacent to Bridgeview Park), Jordan Blvd site, Block Q and the 800 Block. The 800 Block was eliminated because of costs. Lack of bathrooms, lack of parking, and extensive site preparation made the site unsuitable. Sand Dollar was eliminated because of the close proximity of residencies and only one court could be built on the site. Jordan Blvd site was eliminated because only one court could be built on the site and court layout is not desirable.
By consensus, the recommendation is for the construction of up to four pickleball courts on Block Q, with two of those being permanent pickleball courts and one being a multipurpose tennis/pickleball combo. Costs depend on site prep, lighting, fencing, etc. but comparison court construction in the last two years is approximately $150K to construct above recommendation.
We propose that specifics such as court placement on the site coincide with the overall master planning process that the PRAB recommended for the entire Jordan Boulevard/Block Q area and suggest any further details be worked out as part of that plan.
Update –
The tasker given to the PRAB was to evaluate locations for adding pickleball courts. Mike Pearson the Vice Chair of the Parks and Recreation Board walked them through the process used to make their recommendation. The PRAB recommendation is for the construction of up to four pickleball courts on Block Q, with two of those being permanent pickleball courts and one being a multipurpose tennis/pickleball combo. They have already recommended a master plan for Block Q/Jordan Boulevard to be developed. Motion was made to accept the PRAB report and consider the tasker complete.
A decision was made – Approved unanimously
11. Discussion and Possible Approval of Ordinance 25-02, An Ordinance Amending Ordinance 24-11, The Revenues and Appropriations Ordinance for Fiscal Year 2024 – 2025 (Amendment No. 7 – Professional Services) – Interim Town Manager Ferguson
Agenda Packet – pages 71 – 72
Ordinance 25-02 » click here
ISSUE/ACTION REQUESTED:
Consideration and possible action to approve a budget amendment moving funds from fund balance to professional services.
BACKGROUND/PURPOSE OF REQUEST:
A fund balance appropriation will allow coverage for additional anticipated legal fees through the end of the current fiscal year.
Moved funds of $50,000
From Revenue account #10.0399.0200 to Expense account#10.0410.0400
Update –
The Ordinance is for a fund balance appropriation that will allow coverage for additional anticipated legal fees through the end of the current fiscal year.
A decision was made – Approved unanimously
Although not stated, this is an unnecessary cost to hire attorneys to represent us for the frivolous lawsuit filed by Lisa Ragland. She filed a civil suit against the Town alleging the Board violated state law by holding a meeting without a quorum. Even if she is right (she’s not) the outcome would have been the same, the lawsuit is a waste of time and money. Therefore, we should go after her for all costs associated with our legal defense.
THB Code of Ordinances – Quorum
§30.15 VOTING AND QUORUMS.
(A) Quorum. The Mayor and three Commissioners, or three Commissioners without the Mayor shall constitute a quorum (simple majority) of the Town BOC
Coates’ Canons NC Local Government Law
It is not unusual for a charter to specify the method for determining the quorum for a city council. Accordingly, city elected officials, as well as city attorneys and clerks, should examine their respective charters for quorum provisions. Ordinarily, if the charter differs from G.S. 160A-74, the council should follow its charter.
See G.S. 160A-82.
For more information » click here
A Parliamentary Procedure Primer: Part 3 – Quorum Misconceptions
Misconception 4: Cities must always follow the quorum statute, G.S. 160A-74, even if their charter seems to conflict.
In addition to G.S. 160A-74, city charters commonly provide a method for calculating quorum. What if there is a conflict between the quorum statute and a city’s charter? While Section 160A-82 provides that the statutes in its part (including the quorum statute) do not invalidate conflicting city charter provisions, it does not describe how to deal with the conflicts. For that, we look to Section 160A-3. That section provides three different avenues for resolving charter-statute conflicts. First, if both the charter and the statute seem to describe everything required for performing a particular duty or function, the city can choose to follow either its charter or the General Statutes. G.S. 160A-3(a). Second, if a charter fails to provide all the details necessary to carry out a particular power, duty, privilege, immunity, or function, cities should supplement the charter with the procedures described in statute. In case of a conflict, however, the charter provisions control. G.S. 160A-3(b). Finally, if statute provides for a certain power, duty, immunity, privilege, or function that an earlier enacted charter expressly denies, then the statute supersedes the charter. G.S. 160A-3(c). Using the structure in G.S. 160A-3, cities would need to look closely at their charter’s quorum language. Does the charter provide all the information necessary for calculating quorum? If so, the city can likely choose to follow either the charter or G.S. 160A-74 under G.S. 160A-3(a). If not, the city might supplement its charter procedures with those in G.S. 160A-74, but the charter would still control in the case of any conflict. While quorum seems simple, it can prompt a variety of questions, and misunderstanding its requirements can lead to tricky situations. Understanding what is required for quorum will keep local governments on the right track both legally and procedurally.
For more information » click here
12. Discussion and Possible Approval of Audit Contract between the Town and Martin Starnes and Associates for Fiscal Year 2024/2025 – Finance Director McRainey (Interim Town Manager Ferguson)
Agenda Packet – page 73, plus separate packet
Supplement – Contract » click here
ISSUE/ ACTION REQUESTED:
Consideration and possible action to approve audit contract with Martin Starnes & Associates.
BACKGROUND/PURPOSE OF REQUEST:
This contract is for an independent auditor to perform the audit for fiscal year 2025.
ADVISORY BOARD RECOMMENDATION:
Audit committee met and recommended approval of contract at previous meeting before new members were elected and will meet before the board meeting to discuss with new members.
Update –
Audit committee met and recommended approval of the contract. There was no discussion, the motion was to approve the contract for audit services between the Town and Martin Starnes and Associates for $50,430. The fee schedule has increased by 219% since the first contract in 2020.
A decision was made – Approved unanimously
Editor’s Note –
Fee schedule:
2020-2021 $23,000
2021-2022 $25,150 +$2,150/109%
2022-2023 $36,975 +$11,825/147%
2023-2024 $40,675 +$3,700/110%
2024-2025 $44,745 +$4,070/110%
2025-2026 $50,340 +$5,595/113%
My2Cents –
The protocol is to change firms every few years, traditionally we have done that after vendor has audited us for three years, this is the sixth consecutive year we have contracted with them.
13. Discussion and Possible Approval of Ordinance 25-03, An Ordinance Amending The Holden Beach Code of Ordinances, Chapter 154: Flood Damage Prevention – Inspections Director Evans (Interim Town Manager Ferguson)
Agenda Packet – pages 74 – 77
Ordinance 25-03 » click here
ISSUE/ACTION REQUESTED:
Adoption to Chapter 154 of the Town of Holden Beach Ordinance book
BACKGROUND/PURPOSE OF REQUEST:
Adoption to Chapter 154 of the Town of Holden Beach Ordinance book as recommended by NC Department of Safety and FEMA
After review, the Board of Commissioners has found that the recommended amendments are consistent with the adopted CAMA Land Use Plan and are considered reasonable and in the public interest for the following reasons. The amendment as recommended by the North Carolina Department of Public Safety and FEMA to adopt a section regarding flood zone AO.
154.24 STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AO)
Located within the Special Flood Hazard Areas established in Section 15 4.05, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate.
Update –
Housekeeping item to add building standards to the ordinances for properties in the AO Flood Zone. The ordinance adds standards for areas designated as shallow flooding areas as required by Community Rating System guidelines.
The motion made was to approve the consistency statement as required
A decision was made – Approved unanimously
The motion made was to approve Ordinance 25-03
A decision was made – Approved unanimously
General Comments –
BOC’s Meeting
The Board of Commissioners’ next Regular Meeting is scheduled on the third Tuesday of the month, April 15th
Facing a host of issues, tensions and expenses pile up for a Brunswick beach town
In times of a lawsuit and police officer shortage, one Brunswick town has decided to shift projects and funds. The Holden Beach Board of Commissioners during their March 18 meeting took several actions, including moving forward with demolishing the Holden Beach Pier building and moving funds to cover legal fees.
Here’s the latest.
A recap of the lawsuit
Holden Beach resident Lisa Ragland filed a civil suit through the Brunswick County Superior Court Division against the town of Holden Beach on Jan. 30, 2025. A special meeting was called for Jan. 28, 2025, to discuss and take action on four items, two of them regarding the pier, after the regular Jan. 21 meeting was cancelled due to snow. Ragland’s case argues the board acted without a quorum during the Jan. 28 special meeting because only three out of six board members, Commissioners Tracey Thomas, Rick Paarfus and Tom Myers, were in attendance and took action. Ragland believes the three commissioners violated state law and requests the board’s actions on Jan. 28 be “invalidated.” Ragland also requests the quorum section of the town of Holden Beach Charter be amended to reflect the North Carolina General Statute, which states that a quorum is when a majority of the board and the mayor are present. During the Feb. 18 regular meeting, Town Attorney Sydnee Moore maintained the board had a quorum at the special meeting per the town charter, noting she also reached out to other municipal attorneys to make sure the town followed lawful procedures. Commissioners held another special meeting on Feb. 27 to speak with Moore in closed session. Commissioners Thomas, Paarfus and Myers were the only three present at the meeting and instructed Moore on how to move forward in the pending case during closed session.
A new attorney comes with a price
The town’s responses to the civil suit, filed Feb. 28, listed Wilmington-based attorney H. Mark Hamlet with Hamlet Law as the new lead counsel representing the town of Holden Beach. Hamlet Law attorneys Suzanne Brown and Diamond Rowell have also been retained. Staff on March 18 requested the board approve a budget amendment. The amendment moved $50,000 from the fund balance to the professional services fund. “A fund balance appropriation will allow coverage for additional anticipated legal fees through the end of the current fiscal year,” the agenda topic cover sheet states. Asked what the legal fees are going toward, both Moore and Town Manager Christy Ferguson refused to give details as to what the money would be used for because, they said, the item was discussed during closed session. “We can go into closed session to discuss it, but we’re not going to discuss it in open session,” Moore said. Asked if more funds will be needed, Ferguson said she cannot say whether additional funds will not be needed because she cannot predict how long the legal battle will go on. Commissioners unanimously approved the budget amendment.
Wave goodbye to the pier building
Tensions were high during the March meeting, as this was the first meeting with a full board in over two months and the discussion about demolishing the historical pier building was not taken lightly. Thomas, Myers and Paarfus during the special Jan. 28 meeting awarded the contract for pier engineering services to HDR and directed staff to issue a request for proposal for the demolition of the pier building. As part of the contract, HDR recently performed a condition assessment on the pier. HDR engineers on March 18 told commissioners the current fishing pier structure has rotted and will require extensive, costly repairs in order to be saved. The engineers said the cheapest option will be to build a new pier and suggested the town save money by eliminating the option of repairing the pier. Following the engineers recommendation, the board had the decision to award a bid for demolishing the pier building, not the pier. Paarfus, Thompson and Myers voted in favor of awarding the bid to Jessie & Myers Construction Company for $46,500. Dyer and Smith opposed. Smith requested the board wait to demolish the building until a plan to replace the building is made. The project will start within two weeks of receiving notice to proceed and be completed within two weeks, Jessie & Myers Construction Company’s bid states. Commissioners also requested the contractor work with the Holden Beach Community Alliance to retrieve approximately 40 items inside the building that the organization identified as historically significant.
Running low on police officers
Holden Beach Police Chief Jeremy Dixon announced troubling news during the March 18 meeting. Out of the total 11 police officer positions, Dixon said four positions are vacant and three police officers are out on medical leave. Dixon has previously told the board about challenges the department has faced trying to fill the vacant police officer positions. However, having only four officers to run the department and keep the island safe has brought the issue to a new level.
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It’s not like they don’t have anything to work on …
The following eight (8) items are what’s In the Works/Loose Ends queue:
- Accommodation/Occupancy Tax Compliance
- Audio/Video Broadcast
- Block Q Project/Carolina Avenue
- Dog Park
- Fire Station Project
- Pavilion Replacement
- Pier Properties Project
- Rights-of-Way
- Accommodation/Occupancy Tax Compliance
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. All of these 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.
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Lost in the Sauce –
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Boat Access
Another boat access could enter the water near Holden Beach
During the North Carolina Wildlife Resources Commission’s (NCWRC) Committee of the Whole meeting on Feb. 21, the committee discussed creating another boating access area near Holden Beach to connect to the Intracoastal Waterway. Local fishermen, captains and residents have been fighting for more boat and trailer parking space in Holden Beach for over a year, and this potential project could bring that to the area, along with a potential third boat ramp. The commission unanimously voted in favor of moving the project to “phase I.”Ben Solomon, assistant chief and land acquisition manager of the commission’s Land and Water Access Division, presented a slideshow on the land purchase opportunities and the roughly drafted project. He said the boat access sketch plan and parking plan are only conceptual. “Most boat ramps in Brunswick County, aside from Holden Beach, operate at over-capacity status at this time,” Solomon said. Brunswick County only has six public boat ramps with 233 trailer parking spaces, he explained, and it would be important to keep the existing ramp on Holden Beach. He said the existing Holden Beach boat access is a small ramp with limited parking for the high volume of boat traffic that residents and visitors bring. “Just within Brunswick County, we have 12,000 registered vessels,” he said. “There’s an additional 18,000 registered vessels in surrounding counties.” Solomon showed the commission three separate parcels they are looking to purchase off Cedar Landing Road SW — adjacent to the Holden Beach Marina and Holden Beach Bridge — noting a developer also wants to purchase them. If purchased, the access would be located in county jurisdiction. There are two options the commission considered: Option A and Option B. Option A calls for purchasing all three parcels that total 3.7 acres and Option B calls for purchasing only two parcels that total 1.9 acres. The asking price for Option A is $5.9 million and the asking price for the Option B parcels is $3.2 million. The NCWRC received phase I approval to pursue the acquisition of the three parcels for Option A, Solomon told The Brunswick Beacon on Monday, March 11. “Phase I approval is the first step in the Commission’s land acquisition process and allows commission staff to work with the State Property Office to order an appraisal for the subject properties and further develop the project,” he explained. He told the commission that the access site will have maximum level parking if they pursue all three parcels. Option A would bring 98 trailer parking spaces and 17 car parking spaces to the area if the project comes to fruition. Option B would only bring approximately 53 trailer parking spaces and six car parking spaces. Solomon said the trailer parking spaces would fit both the vehicle and the trailer. Tax parcel 232NA001, the middle parcel, houses a commercial building with an existing boat launch. Solomon said the commission would try to permit a second boat launch to be put in the access area. The conceptual design is still subject to permitting and approvals that could restrict plans, Solomon added. “This is a good baseline for us to look at and get a feel for,” he said. The project could cost between $1.5 and $1.9 million, he said, but that cost would include site-level parking, two boat ramps and structure removal from one of the parcels. Solomon said potential funding sources for the project are the coastal recreational fishing license grant, state funds and possible legislative appropriation. “The Commission does have an interest in expanding public boating access opportunities around Holden Beach and plans to further assess feasibility of this potential boating access area by ordering an appraisal and developing funding partnerships,” he told The Brunswick Beacon. To access the recording of the February Committee of the Whole meeting, go to https://www.youtube.com/watch?v=TQPj77J1jZE.
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Paid Parking
No exception for parking during the festival
The third motion made was to charge for parking during festivals. Currently just do not enforce paid parking regulations anywhere on the island when there are festivals. The motion made is to not enforce regulations in the festival area only.
No decision was made – No action taken
Days at the Docks Festival 2025 / April 29th & 30th
Editor’s Note –
It is my understanding that since they did not approve any motion regarding festivals they will need to charge for parking island wide and they cannot just decide to not enforce the regulations. In order not to enforce the regulations they would need to execute an amendment to the contract which is what they have done in the past.
The fourth motion made was to provide full-time residents an annual pass for $20 that is restricted to one per household only for vehicles that are registered on the island. The Town Attorney Moore requested that the motion be tabled until she could do some research regarding the legality of the proposed resident permit.
No decision was made – No action taken
Last year we ended paid parking early to allow free parking island wide for festival weekend. The thinking was that in order to promote the festival it would be advantageous to suspend paid parking. The Board agreed to suspend the paid parking early. Frankly, I did not agree with that decision. It’s a zoo out there during the festival weekend. With all the parking problems that happen during the festivals you would think we would want to continue enforcing parking in designated areas only. By suspending enforcement, people can and will park anywhere they want. Paid parking should be enforced during festivals.
As for any other ordinance considerations, it is important that any definitions and conditions are clear to help the public avoid inadvertent errors and enable enforcement. In other words, it needs to be standardized and easily understood. Parking should only be in designated parking spaces whether its paid parking or not, plain and simple. I personally object to parking in the rights-of-way, but I understand why some property owners want to be able to park there on their property. A potential accommodation would be to issue a day specific one-time permit for any homeowners that have an activity at their property that requires them to occasionally park in the rights-of-way.
KISS – Keep It Simple Stupid!
Audio/Visual
The motion was made to direct the Town Staff the task to review and assess what other towns are doing and make recommendations for audio/video improvement. In other words, benchmark what other towns are doing and determine what are the costs associated with providing this service. Commissioner Paarfus specifically requested various price point options.
Roadway Work
Discussion and Possible Award of Contract for Roadway Work
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.
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.
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.
Hurricane season is 3 months away. Will it be as active as last year?
What to know at this early stage.
One of the first things that tipped scientists off that 2024 would be an unusually active hurricane season: excessive ocean warmth in a key region of the Atlantic Ocean. But that’s just one of many factors different as this year begins. With the Atlantic hurricane season less than three months away, forecasters are making early efforts to understand how this year may differ from the last. And while specific forecasts for the number of hurricanes can’t be accurately made this far out, forecasters can look to planetary climate patterns for clues. At least two key differences suggest odds are lower for another extremely active season: For one, the tropical Atlantic isn’t as warm as it was last year. And a La Niña (known for cooling a vast swath of the Pacific Ocean) is not expected to form during the season. But it’s still early — and current conditions don’t entirely eliminate the odds of an overactive season. In the Atlantic Ocean, hurricane season runs from June through November, typically peaking in September. Last year, hurricane season was hyperactive, based on a metric called Accumulated Cyclone Energy. There were 18 named storms and five hurricane landfalls in the United States, including the devastating Hurricane Helene.
The Atlantic is cooler than last year
Among the many complex puzzle pieces that start to create a picture of hurricane season — including winds, air pressure patterns, Saharan Dust and monsoonal activity — sea temperatures are a key driver. Scientists look as an early signal to what’s called the Atlantic Main Development Region, or MDR, which extends from the Caribbean to the west, and to near Africa in the east. Sea surface temperatures in the MDR have a statistical relationship with hurricane activity. In 2024, there was excessive warmth in the MDR. But it’s not currently as warm as last year, nor is it forecast to be in a few months. When the MDR is cooler, it can contribute to atmospheric conditions that aren’t particularly conducive to lots of hurricanes. Forecasts for the MDR extend to July 2025, and they suggest that while seas in the region may be somewhat above-average, the Atlantic’s most unusual warmth will be located farther north. Comparing forecasts made for July of both years shows how much warmer the MDR was predicted to be in 2024 — a prediction that turned out to be correct. If the predictions hold true this year, that might reduce the odds for a season as active as 2024. Andy Hazelton, a physical scientist with the National Oceanic and Atmospheric Administration’s Environmental Modeling Center, said the cooling of the MDR is the biggest factor that has stood out to him so far. “It’s still pretty warm, especially in the Caribbean, but the subtropics (north of the MDR) look warmer overall right now,” Hazelton said. If the pattern were to continue, he said, it could put a cap on how active the season may be.
La Niña may be fading
During hurricane season, the Pacific and Atlantic oceans are more than distant neighbors — they’re connected by the atmosphere. What happens in one doesn’t stay there; it sends ripples to the other, shaping storm activity on both sides. One pattern that causes a Pacific-Atlantic ripple effect is known as the El Niño-Southern Oscillation (ENSO), which has three phases: El Niño, La Niña and neutral. El Niño is marked by warmer-than-average seas in the eastern Pacific, while cool seas are prominent there during La Niña. Neutral periods often occur during transitions between El Niño and La Niña, as sea temperatures temporarily become less anomalous. Early this year, the tropical Pacific entered a La Niña phase — but it’s not expected to last for much longer. The cool waters associated with La Niña can suppress rainfall and thunderstorm activity in the tropical Pacific. But as the atmosphere balances itself, increased rainfall and thunderstorm activity, as well as winds that are more conducive to hurricane formation, can occur in the tropical Atlantic. This is why, in addition to the record-warm Atlantic seas, forecasters were so concerned about the level of hurricane activity last year. But a period of weaker winds in the eastern Pacific this month has caused a substantial warming of the ocean to the west of South America. Because the winds have been less robust, a process known as upwelling — which happens when strong winds churn cool, subsurface waters to the surface — has slowed down. If the warming continues, it will put the Pacific in a much different state than it was heading into the last hurricane season. This year, a developing tongue of warm water in the eastern Pacific could have the opposite effect as it did last year, promoting rising air and more rainfall there, while having a drying effect on the Atlantic. However, predictions of El Niño and La Niña are not made equal. A phenomenon known as the “spring predictability barrier” can lead to less-skillful forecasts during spring in the Northern Hemisphere. “ENSO still has the spring barrier to cross,” Hazelton said. “But cool subsurface conditions and persistent trade winds suggest we probably won’t be getting a rapid flip or setting up for El Niño in the summer.”
The bottom line: It’s still early, but 2025 looks different
One thing can be said confidently at this point: So far this year, the elements that drive the Atlantic hurricane season look markedly different from 2024. The Atlantic Ocean is shaping up to have a different sea-temperature configuration than last year, with the most unusually warm seas sitting outside of the MDR. A marine heat wave — expansive blobs of unusual oceanic heat that are becoming more common in a warming climate — no longer covers the MDR, but remains active in the Caribbean and Gulf of Mexico, areas where hurricanes derive their energy from. In the Pacific, the door may be closing on La Niña as seas warm up in the east. But a full-fledged, hurricane-halting El Niño doesn’t look particularly likely, either. Hazelton said it’s possible there will be ENSO neutral conditions during peak hurricane season. These are some of the factors forecasters will be monitoring closely as hurricane season approaches. Seasonal outlooks of hurricane activity are typically released in April and May. And while the data may change, one thing is certain: It’s never too early to prepare, especially considering the United States experienced impactful landfalls from Hurricanes Beryl, Debby, Francine, Helene and Milton last year.
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Lou’s Views . HBPOIN
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