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06 – Town Meeting

Lou’s Views

“Unofficial” Minutes & Comments

BOC’s Budget Workshop 05/28/20

Board of Commissioners’ Agenda Packet » click here

Audio Recording » click here

1. Discussion and Possible Action on Generator for Town Hall

Previously reported – April 2020
Informal pricing for procurement of a replacement Town hall generator has been obtained from three power production firms. Categorical costs by vendor for equipment, installation, warranties, and maintenance programs are included in the decision selection matrix.

Presented with three (3) turn key bids as follows:
#1        James River                             $59,600
#2        Gregory Poole                         $69,650           +16.86%
#3        Western Branch                      $71,794           +20.45%

Previously reported – May 2020
Previously Town Manager Hewitt has said that they were not required to accept the recommendation or the lowest bid as long as they select a vendor that was responsive to the bid request. Due to the sense of urgency the informal pricing proposals were difficult to compare apples to apples. The Board requested the Town Manager get additional information so a decision could be made at the next scheduled Budget Workshop meeting.

Update –
Informal bid process caused some problems with comparison shopping. When everything was said and done, all three bids were awfully close. The Board selected Gregory Poole as the vendor and authorized the purchase of a Caterpillar generator from them.

Extremely impressed with Commissioner Murdock who challenged the original proposed action and saved the town a bundle of money. The Board had made an allocation of funds totaling $209,818 for genset replacement; contract awarded for less than $75,000.

2. Budget Workshop

Previously reported – May
Due to coronavirus, the depth and the duration of the economic downturn are extraordinarily uncertain, revenue will be affected. Town Manager Hewett does not expect a major budget hit this fiscal year which ends June 30. However, David anticipates a decline in both property tax and occupancy tax revenue for our next fiscal year potentially creating a huge budget gap. It is pretty hard for them to forecast with so many unknown variables. One of the Town’s largest source of revenue is the occupancy tax, with fewer tourists anticipated there will be less revenue in the pipeline. The sixty-four-dollar question is just how much less revenue to plan for. Local governments must balance their budget, the loss of revenue will need to be addressed by reducing expenses, tapping reserve funds, or increasing taxes. None of these options seem particularly good. At this point in time, they are attempting to maintain services at their current level without taking any extreme measures. Since the Town faces unprecedented uncertainty regarding budget revenues in the coming fiscal year, they may need to amend the budget at some point in the future.

§159-15. Amendments to the budget ordinance.
Except as otherwise restricted by law, the governing board may amend the budget ordinance at any time after the ordinance’s adoption in any manner, so long as the ordinance, as amended, continues to satisfy the requirements of G.S. 159-8 and 159-13. However, except as otherwise provided in this section, no amendment may increase or reduce a property tax levy or in any manner alter a property taxpayer’s liability, unless the board is ordered to do so by a court of competent jurisdiction, or by a State agency having the power to compel the levy of taxes by the board.

If after July 1 the local government receives revenues that are substantially more or less than the amount anticipated, the governing body may, before January 1 following adoption of the budget, amend the budget ordinance to reduce or increase the property tax levy to account for the unanticipated increase or reduction in revenues.

Update –
Town Manager Hewett prepared a slide presentation with a recommended path forward.

Key Takeaways

Tax rate
Maintain current tax rate of $.020
A decision was made – Approved (4-1)

Beach & Inlet Capital Reserves Fund
Make transfer of funds as budgeted and continue to fund this account
A decision was made – Approved (3-2)

Police Department
Fund one (1) additional full-time police officer position
Which brings us up to nine (9) funded full-time positions
Investigate the feasibility of having part-time seasonal officers for next tourist season
A decision was made – Approved (3-2)

Merit Pool
In the past they usually budgeted 3% a year but it was reduced to just 2% this year
The rationale for the lower percentage increase was a combination of things
Most significantly:
. 1) the economic uncertainty because of the pandemic
. 2) the recent Pay Plan adjustment based on MAPS
A decision was made – Approved (3-2)

Sewer Assessment
Based on legal restrictions the fee will be reduced by 35% from $497 to $370

Each item created a unique coalition,
politics makes strange bedfellows.

Budget Message 06/01/20

Budget Message » click here

Notice is hereby given that the Budget Message for the Fiscal Year, beginning July 1, 2020 and ending June 30, 2021, has been submitted to the Board of Commissioners. Click here to view the Budget Message.

A public hearing on the proposed Budget will be held by the Board of Commissioners at 7:00 p.m. or shortly thereafter on Tuesday, June 16, 2020 in the Holden Beach Town Hall Public Assembly, 110 Rothschild Street. Due to emergency restrictions pertaining to COVID-19, in person public attendance is prohibited. The public hearing will be livestreamed on the Town’s Facebook page. Visit https://www.facebook.com/holdenbeachtownhall/ to watch the livestream. Comments on the budget will be accepted until June 17, 2020 at 7:00 p.m. If you would like the comments to be heard at the public hearing, they must be submitted by June 16, 2020 at 6:00 p.m. Submit your comments to heather@hbtownhall.com or deposit them in the Town’s drop box in front of Town Hall.

Key Takeaways

- - - Use of Beach & Inlet Capital Reserves Fund to pay debt service on Central Reach Special Obligation Bond – $1,473,190
    - Maintaining the current tax rate of 20 cents per hundred dollars
    - Reducing the Sewer Assessment to $370
    - Estimated General Fund Balance of 77%
    - FEMA Hurricane Flo/Mike storm damage mitigation projects – $24.4 million
    - Police Department – add one (1) officer, procurement of three (3) vehicles
    - Sewer Lift Station #2 & #3 – upgrades and financing
    - Public Works – acquisition of Sewer Vactor Truck – $366,405
    - Public Works – procurement of one (1) replacement truck
    - Administration – procurement of one (1) replacement truck
    - Appropriations for a Second Water Tower evaluation
    - Appropriations for a Water/Sewer Capacity Study
    - Ensuring Canal Subdivision’s navigability
    - Continued beach , inlet, and waterways advocacy
    - Funding 2% merit pay performance pool
    - Pave second half of Brunswick Avenue

Public Hearing 06/16/20

Budget Message » click here

Proposed Budget by Fund
                                                             2018                           2019                           2020
General                                                     $3,447,300                $3,446,793                $3,631,081
Water & Sewer                                        $5,561,260                $5,320,990                $5,066,429
BPART                                                       $5,887,335                $3,078,146                $28,305,961
Canal Dredging                                       $2,551,479                $2,167,214                $2,708,552
Capital Reserve                                     $3,430,452                $3,255,657                $2,393,242
Total All Funds                                        $20,877,826              $17,268,800             $42,105,266

The Board is required to hold a Public Hearing prior to adopting the budget. The Public Hearing was held at the beginning of the BOC’s June Regular Meeting. Because of pandemic restrictions they cannot enact the budget for at least twenty-four (24) hours after Public Hearing. The proposed budget sets forth four (4) main governmental funds – General, Water & Sewer, BPART (Beach Preservation / Access & Recreation / Tourism), and Canal Dredging. It also includes three (3) Capital Reserve Funds – Beach Nourishment, Water, and Sewer. The total budget is $42,105,266. David stated the budget was prepared as directed by the Board. Went over budget highlights, they were listed as key takeaways from the Budget Message. Commissioners must adopt budget no later than July 1^st for the next fiscal year.

BOC’s Regular Meeting 06/16/20

Board of Commissioners’ Agenda Packet click here

Audio Recording » click here

1. Public Comments on Agenda/General Items

Commissioner Woody Tyner sent an e-mail asking for feedback specifically on the budget items, they received forty (40) e-mails that were not read but are posted on the Town website.

I personally thanked Commissioner Tyner for asking for feedback and would like to see the Board solicit input more frequently. Kudos!

2. Discussion and Possible Consideration of Ordinance 20-10, Budget Ordinance for Fiscal Year 2020 – 2021 (Final Approval No Earlier than 24 Hours After Public Hearing) – Town Manager Hewett

Agenda Packet –
An Ad Valorem Tax Rate of twenty cents ($.20) per one hundred dollars ($100) at full valuation is levied for Fiscal Year 2020/2021. The Ad Valorem Tax Collection rate used to calculate the estimated ad valorem tax revenue is ninety-nine-point zero four percent (99.04%) based on collection rate results from the fiscal year ended 30 June 2019. The total valuation for the new fiscal year is estimated to be one billion three hundred fifty million nine hundred eighty-five thousand two hundred and sixty-one dollars, ($1,350,985,261).

Way too large a document (@20 pages) to include here. More importantly, the document is not particularly useful to understand the proposed budget.

Ad Valorem Tax
Estimated 2020 tax base is $1,350,985 with tax rate of $.20 per $100 of assessed value
.     a) $1,350,985 X $.20 = $2,701,970
.     b) $2,701,970 X 99.04 = $2,676,031
.         • Tax collection rate of 99.04%
A penny generates $135,098 of tax revenue

The Board revisited issues discussed at the Budget Workshop held in May

Tax rate
Maintain current tax rate of $.020
A decision was made – Approved (4-1)

Beach & Inlet Capital Reserves Fund
Make transfer of funds as budgeted and continue to fund this account
A decision was made – Approved (3-2)

Police Department
Increased funding of one (1) additional full-time police officer position to two (2) full-time police officer positions
Which brings us up to ten (10) funded full-time positions
Investigate the feasibility of having part-time seasonal officers for next tourist season
A decision was made – Approved (3-2)

Merit Pool
Increased salary merit pool from the 2% they approved to 3% which is what is usually budgeted
A decision was made – Approved (4-1)

Proposed budget balanced with revenues equaling expenses. BOC’s were unable to approve the town’s $42.1 million-dollar budget ordinance for the upcoming fiscal year. Because of pandemic restrictions they cannot enact the budget for at least twenty-four (24) hours after Public Hearing.

In the past, the Town Manager usually did a presentation that included the following:

1) Highlights by Fund
2) What it does do
3) What it doesn’t do
4) Concerns
5) Capital Improvement Plan

Commissioners must adopt budget no later than July 1^st for the next fiscal year
Adopting the annual budget is a primary responsibility of the Board.

Despite $4.6 million revenue dip,
no tax increase proposed in Brunswick County budget
Brunswick County will not raise property taxes this year even though some sources of revenue are expected to dip due to the ongoing financial impacts from Covid-19. Though sales tax and revenues collected through various county services and fees are projected to decrease, the county’s draft budget has cut back on spending to accommodate a balanced book.
Read more » click here

Fire fees may mount for some Brunswick County towns
According to Brunswick County Fire Administrator Malcolm “Mack” Smith the following committees have recommended raising their fire fees for the upcoming budget year: Ocean Isle Beach Fire Department (8 percent), Supply Fire & Rescue (23 percent), Leland Fire and Rescue (10 percent), Northwest Fire & Rescue (12 percent), Civietown Volunteer Fire Department (10 percent) and Southport Fire Department (10 percent). “The fire fees are important because they are the primary funding mechanism for fire protection for Brunswick County,” Smith said. Brunswick County fire departments provide fire protection, rescue services and response to Emergency Medical Service (EMS) calls in the area. Additionally, the fire departments play a role in community risk reduction through their fire prevention education, child seat checking stations and community outreach. Programs they teach include everything from water safety to fall prevention. Fees also go to paying for employees since volunteer firefighters are becoming a thing of the past. Supply Fire & Rescue Chief Bill Bailey reported that his station struggles getting volunteers during the daytime due to many volunteers holding separate jobs.
Read more » click here

3. Discussion and Possible Action on the Suggested Rules of Procedure for the Town of Holden Beach Board of Commissioners – Commissioner Kwiatkowski/Town Clerk Finnell

Agenda Packet –
The Suggested Rules of Procedure in the packets is the version that incorporated Attorney Carpenter’s suggested revisions. Revisions made by the Board at the February meeting are also reflected in this version. The item was removed from the agenda of the Board of Commissioners’ Regular Meeting in March due to the circumstances surrounding the COVID-19 pandemic, but the rules are ready for the Board’s consideration if you desire.

Rules of Procedure document is way too large a document (@20 pages) to include here

Previously reported – December 2019
Agenda Packet –
The Board of Commissioners is required to adopt Rules of Procedure per the Town’s Code of Ordinances, Section 30.19.

I have included the version currently being used. Another version. the Suggested Rules of Procedure for a City Council, by the School of Government has also been used in the past. A copy of this version is also included in your packets. If the Board chooses to adopt either version for the upcoming term, the entire rules can be adopted, or amendments may be made. I suggest the Board review the materials and adopt rules at the January meeting.

The Board is required to adopt some version of Rules of Procedure each year. Heather has given them two (2) options or they can create their own new version. Pat has volunteered to review current version and make recommendations of any necessary changes. This will be on the agenda again next month so that they can adopt rules as required.

A decision was made – Approved unanimously

Previously reported – January 2020
Decided to put off discussion until the February meeting giving the Board additional time to review all the changes.

No decision was made – No action taken

Previously reported – February 2020
Despite the number of changes already submitted the Board made additional changes tonight. They decided to revise the document and put it on the agenda at the March meeting, giving the Board additional time to review all the changes.

A decision was made – Approved unanimously

Update –
Despite the number of changes already submitted the Board made additional changes tonight. They adopted it with the suggested changes made by Commissioner Kwiatkowski.

A decision was made – Approved unanimously

4. Discussion and Possible Action on Ordinance 20-07, An Ordinance Amending the Holden Beach Code of Ordinances, Section 30.11: Terms of Office; Filling of Vacancies – Town Clerk Finnell

Agenda Packet –
In July 2017, the Board of Commissioners voted to amend the charter of the Town of Holden Beach to implement four-year staggered terms for the commissioners. Section 30.11: Terms of Office; Filling of Vacancies was not updated to reflect the change. Ordinance 20-07, An Ordinance Amending the Holden Beach Code of Ordinances, Section 30.11: Terms of Office; Filling of Vacancies corrects the error.

Staff recommends approval of Ordinance 20-07.

Previously reported – June 2017
Staggered Terms – Appointing the members of Boards so that all the members do not change at the same time because their terms expire at different times.

Advantage of Staggered Terms – Help preserve institutional memory by not allowing total rotation of the leadership at one time. Good institutional memory generally improves decision-making and promotes the continuity of good practices and programs.

Reinstitute Staggered Terms – Holden Beach and Bolivia are the only Brunswick County town governments that do not have staggered terms. The Board normally would have two (2) options on how they could make change back to staggered terms. We will need to do a referendum for it to be in effect before the November 2017 elections. It will take two election cycles to fully implement. Justification given is to preserve continuity.

Referendum – a general vote by the electorate on a single political question that has been referred to them for a direct decision.

By unanimous vote, the Board of Commissioners approved the crafting of a resolution that would put the proposed changes to voters as a referendum on the ballot in November of 2017. If the referendum is approved the staggered terms would be implemented after the November of 2019 election. To be clear, only registered voters of Holden Beach would get to vote on the referendum.

A decision was made – Approved unanimously

Previously reported – July 2017
Agenda Packet –
ORDINANCE 17-10 / AN ORDINANCE AMENDING THE CHARTER OF THE TOWN OF HOLDEN BEACH TO IMPLEMENT FOUR-YEAR STAGGERED TERMS FOR THE COMMISSIONERS OF THE TOWN OF HOLDEN BEACH BOARD OF COMMISSIONERS.

Section 2. At the regular municipal election to be held on November 5, 2019, the three commissioner candidates who receive the highest number of votes shall be elected for four-year terms, while the two commissioner candidates who receive the next highest number of votes shall be elected for two-year terms. At the regular municipal election to be held in 2021, and every four years thereafter, two commissioners on the Board of Commissioners shall be elected to serve for four year terms. At the regular municipal election to be held in 2023, and every four years thereafter, three commissioners of the Board of Commissioners shall be elected to four-year terms.

Previously reported – November 2017
Referendum was approved so we will implement the four-year staggered terms beginning in 2019.

Previously reported – March 2020
In July 2017, the Board of Commissioners voted to amend the charter of the Town of Holden Beach to implement four-year staggered terms for the commissioners. Section 30.11: Terms of Office; Filling of Vacancies was not updated to reflect the change. Ordinance 20-07, An Ordinance Amending the Holden Beach Code of Ordinances, Section 30.11: Terms of Office; Filling of Vacancies corrects the error.

Update –
Administrative housekeeping issue, correction was made, and they adopted the ordinance.

A decision was made – Approved unanimously

5. Discussion and Possible Action on Membership of Town Boards and Committees – Town Clerk Finnell

Agenda Packet –
Attached is list of current members serving on boards and committees of the town. Appointments to most boards are typically made in July of each year. The members who are highlighted have terms that are expiring.

A majority of the current members are eligible to serve another term if they are interested and the Board agrees (highlighted in yellow on lists). There are a couple of members who have reached the maximum terms allowed for their positions (highlighted in blue on lists). Normally the Board will hold interviews for any vacancies on the various boards at this time.

Due to the current restrictions resulting from the COVID-19 pandemic, staff needs direction on our interview process. Options include soliciting volunteers, with the Board making their decisions based on the applications submitted or having staff arrange for a remote interview process. Please let me know if you have any questions

Blue / not eligible to serve another term, there are three (3) volunteers
Yellow / eligible to serve another term, there are thirteen (13) volunteers

Discussion was on how to proceed given the current restrictions in interviewing candidates. None of the Boards or Committees are currently holding any meetings. Therefore, there is no sense of urgency, so they decided to hold off on doing anything at this time.

No decision was made – No action taken

6. Discussion Related to Hiring a Firm to Conduct an Evaluation to Determine System Development Fees – Commissioner Sullivan

Agenda Packet –
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017
SESSION LAW 2017-138 / HOUSE BILL 436
AN ACT TO PROVIDE FOR UNIFORM AUTHORITY TO IMPLEMENT SYSTEM DEVELOPMENT FEES FOR PUBLIC WATER AND SEWER SYSTEMS IN NORTH CAROLINA AND TO CLARIFY THE APPLICABLE STATUTE OF LIMITATIONS.
For more information » click here

Review of Development Fees Timeline

Previously reported – February 2018
North Carolina General Assembly – House Bill 1730 / S.L. 2004-96
Enacted on 07/13/2004
Gives us the authority to impose sewer fees
For more information » click here

Holden Beach Sewer Treatment Fee
For more information » click here

House Bill 436 / Public Water and Sewer System Development Fee Act
Enacted on 07/20/2017
Eliminates the authority to charge the sewer fee
Authority to impose fees has been modified
Necessitates us having to retool water and sewer fee rate schedule
Recommends it be prepared by licensed professional engineer
Town must comply not later than July 1, 2018
Town Manager plans to commission McGill and Associates to develop rate schedule
For more information » click here

Previously reported – April 2018
McGill and Associates has prepared the System Development Fees Report for the Town. The report was posted to our website on March 26^t^h and written comments were solicited. The report must be posted for at least 45 days.

In accordance with §162A-209, after expiration of the posting period, the Board needs to hold a public hearing prior to considering the adoption of the analysis. We recommend the Board schedule the Public Hearing for May 14^th.

System Development Fees Report
Click here to view the System Development Fees Report prepared by McGill and Associates in accordance with HB 436. Written comments on the report may be sent to heather@hbtownhall.com. Comments will also be accepted by mail at Town of Holden Beach, Attn: Heather Finnell, 110 Rothschild Street, Holden Beach, NC 28462. The Board will schedule a public hearing prior to considering the adoption of the analysis. Information on the public hearing date will be provided when available.

Previously reported – May 2018
In accordance with §162A-209, after expiration of the posting period, the Board needs to hold a public hearing prior to considering the adoption of the analysis. The Board has scheduled to hold a Public Hearing on May 23^rd at 1:00pm

Previously reported – June 2018
Agenda Packet –
Legislation House Bill 436 required a Public Hearing as one of the steps that must happen before the Town can move forward and implement the charges. HB436 is prescriptive, with precise instructions and the report given is in accordance with the legislation. The next steps are adoption of the study report and creating Ordinance that incorporates the recommended fees into a fee schedule. This process must be completed no later than July 1^st. We are required to review the fee schedule and must reevaluate it in a maximum five-year timeframe.
RESOLUTION 18-04 / ADOPTING SYSTEM DEVELOPMENT FEES REPORT
RESOLUTION 18-05 / AMENDING THE HOLDEN BEACH FEE SCHEDULE
Fee Schedule / Water and Sewer System Development Fees

TOWN OF HOLDEN BEACH / RESOLUTION 18-04
RESOLUTION ADOPTING SYSTEM DEVELOPMENT FEES REPORT

NOW THEREFORE BE IT RESOLVED by the Holden Beach Board of Commissioners that the Town hereby adopts and approves the Cost-Justified Water and Wastewater System Development Fees Report created by McGill Associates, dated March 2018.

A decision was made – Approved unanimously

TOWN OF HOLDEN BEACH / RESOLUTION 18-05
RESOULUTION AMENDING THE HOLDEN BEACH FEE SCHEDULE

NOW THEREFORE BE IT RESOLVED, that the Board of Commissioners of the Town of Holden Beach, North Carolina does hereby approve the deletion of the Impact Fees and the Share Cost sections and the addition of the Water and Sewer System Development Fees (Attachment 1) to the Holden Beach Fee Schedule.

A decision was made – Approved unanimously

Previously reported – July 2018
RESOLUTION 18-04 / ADOPTING SYSTEM DEVELOPMENT FEES REPORT
RESOLUTION 18-05 / AMENDING THE HOLDEN BEACH FEE SCHEDULE

Fee is based on combination of existing system capacity and planned capital improvements to expand capacity

An unintended consequence of System Development Fee adopted in June

- Seven (7) bedroom permit was $10,000 now costs $30,000 a difference of $20,000
- Five (5) bedroom permit was $7,000 now costs $21,000 a difference of $14,000

That’s a whapping 300% increase which will negatively impact new construction on the island. By comparison, Ocean Isle Beach had a minor increase since their system is older and already paid for. I’d expect to see both the General Contractors and the Realtors up in arms. Unchanged we will have significantly reduced the future revenue stream from new construction from both our Ad Valorem and Occupancy taxes. Really don’t see how the Board doesn’t have to reevaluate the fee schedule.

Town Attorney Noel Fox walked them through the prescriptive legislation and all the protocols that were followed which was a lengthy and complicated procedure. Most of the community including contractors and realtors were unaware of the significant fee increase. Based on what was presented to the public, a reasonable case could be made that posting System Development Fees without any explanation given as to the effect on construction cost is why no one questioned the report or even knew the building permit fees would be impacted. Although the process was followed as required, they are now aware that people who needed to know didn’t. Thus, the brouhaha. In an attempt to address any misunderstanding, the Board submitted some thirty (30) questions for the Town Manager to complete and post on the Town website. It appears that they are at least willing to give it a second look. They were elected, and it is strictly their call whether to make an adjustment or not. I got the feeling that the Board took umbrage to some of the comments that were made, particularly a lack of understating what the fee schedule change would actually translate to in dollars and cents. In addition, they questioned the negative economic impact that was suggested by some of the speakers. If in fact they decide to reduce the development fee it was established that they can’t make it retroactive.

This Board –
1) chose to implement the max recommended fee schedule
2) did not adequately consider whether the increased fee would “unduly burden new development”

Previously reported – August 2018
Water and Sewer System Development Fee
The North Carolina General Assembly passed House Bill 436 in July 2017, amending Chapter 162A of the General Statutes by adding “Article 8, System Development Fees.” This amendment was enacted as “An Act to Provide for Uniform Authority to Implement System Development Fees for Public Water and Sewer Systems in North Carolina and to Clarify the Applicable Statute of Limitations.” in HB436, which requires compliance with designated calculation methodology by July 1, 2018.

In response to the House Bill 436, the Town of Holden Beach retained McGill and Associates to complete a system development fee analysis. Based on the Town of Holden Beach’s combination of existing system capacity and planned capital improvements to expand capacity, the development fee, in accordance with HB 436 rules for an Equivalent Residential Unit (ERU) for water and sewer was calculated to be $20,577. ERU is defined as the water and sewer capacities required to serve the most typical user type, which is a three-bedroom single-family dwelling.

McGill Associates has calculated costs for water and wastewater capacity on a per gallon per day basis for the Town of Holden Beach. This calculation was performed using the Combined Method to account for the Town’s combination of existing capacity and planned future capacity expansion through capital expenditure. This calculation resulted in a development fee of $20,577 for an Equivalent Residential Unit (ERU). ERU is defined as the water and sewer capacities required to serve the most typical user type, which is a three-bedroom single-family dwelling. The fee for other types of development can be calculated by applying the calculated the cost of capacity per gallon of flow per day to the water and wastewater demands for various uses as defined by NC Administrative Code 15A NCAC 18C .0409 and 15A NCAC 02T.0114. Using NC Administrative Code 15A NCAC 18C.0409 and 15A NCAC 02T.0114 ensures that the same standard used to plan, design, construct and finance capital assets is applied as the same cost recovery basis to be applied to new development.

The Town may elect to charge less than the cost-justified System Development Fee documented in this report. Any adjustment must be calculated on a cost per unit volume basis, meaning the same cost per gallon adjustment must be applied equally to all customers.

Repeal the Board’s Previous Vote on Implementation of the Water and Sewer Development Fee
They repealed and replaced the development fee schedule

1. Repealed Resolution 18-05
2. Replaced with the following interim fee schedule:

- - - Water Capacity Fee is $100 per bedroom
    - Sewer Capacity Fee is $2,700 per bedroom

A five (5) bedroom in the sewer fee schedule before June 30^th was $13,125
A five (5) bedroom in the new interim sewer fee schedule after June 30^th is $13,500
A five (5) bedroom in both the old and the new interim water fee schedule is $500
Total cost of $14,000 vs. $13,625, approximately what the fees were before July 1^st

For those property owners that already paid their sewer share fee they will get a credit of $2,700 per bedroom up to and including a five-bedroom house; additional bedrooms will be assessed at $2,700 per bedroom

This is an interim fee schedule until they have an opportunity to reevaluate the situation

A decision was made – Approved (3-2)
Vote was three (3) to two (2), no surprise there
Mayor Pro Tem Sullivan and Commissioner Kwiatkowski both voted against the motion

Previously reported – October 2018
Discussion of Activities and Timelines to Re-conduct the Determination of Maximum Sewer and Water System Development Fees and Subsequently Set “Permanent Fees Before the End of 2018 – Commissioner Kwiatkowski

All Pat said is that the interim rates would remain in effect for the next ninety (90) days which takes us into 2019.

No discussion of activities, timelines, or variables being considered were shared with the public.

Previously reported – February 2019

¯\_(ツ)_/¯

This was supposed to be an interim fee schedule
They committed to permanent fees before the end of 2018
Then they said the interim fees would remain in effect for the next ninety (90) days
Well both of those dates have come and gone
A permanent fee schedule has yet to be adopted

Previously reported – April 2019
Discussion and Possible Action to Instruct Town Manager to Obtain Bids for the Development of a Cost Justified Water and Wastewater System Development Fees Report – Commissioner Freer
a. Discussion and Possible Approval of Ordinance 19-07, An Ordinance Amending Ordinance 1810, The Revenues and Appropriations Ordinance for Fiscal Year 2018 – 2019 (Amendment No. 7)

Agenda Packet –
ORDINANCE NO.19-07
AN ORDINANCE AMENDING ORDINANCE NO.18-10,
THE REVENUES AND APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 2018-2019 (Amendment No.7)

Moved funds of $10,000
From Revenue account #30.0399.0500 to Expense account#30.0810.0400

The original motion was to allocate funds to obtain bids for the development of a cost justified water and wastewater system Development Fees Report by a financial firm rather than an engineering firm like the first time. After a bit of finger pointing as to why we need to have another report they were able to find some common ground. Town Attorney Noel Fox stated that the fact of the matter is that it was not just one thing but many things that requires us to redo the report. They will pursue bids from all qualified vendors whether they are an engineering or financial firm. Commissioner Sullivan pointed out that by rescinding the adopted development fees cost the town $157,000, which is the difference in the revenue stream from adopted to rescinded fees.

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

Previously reported –September 2019
System Development Fees lawsuit filed on Oak Island
We have filed an Amicus Brief in support of their position
THB will delay activity on our System Development Fees until this has been adjudicated

In split decision, court sides with property owners in Oak Island sewer lawsuit, town plans to appeal
Reversing the decision of the lower court, the Court of Appeals of North Carolina ruled against the Town of Oak Island in a lawsuit raised by property owners of undeveloped lots, despite one judge on the panel dissenting. The issue between property owners and the town dates back to 2015, when owners of undeveloped property on the island filed suit regarding the town’s sewer service fees. Tuesday, Oak Island’s sewer system cost $140 million to install. In 2004, action from North Carolina’s General Assembly allowed the town to charge property owners fees related to the sewer system in order to help reduce the debt the town carried as a result of the sewer installation. The action allows Oak Island to “impose annual fees for the availability of sewer service” on property owners who could or do benefit from the service. From 2010 to 2017, that resulted in developed property owners paying a total of $4,478.57 in fees, while undeveloped property owners would have paid $3,978.08. Additionally, the court pointed out in its ruling that from 2015 to 2017, the owners of undeveloped properties were actually paying more per year than those who owned developed lots. The term “availability” is what the court’s decision ultimately hinged upon, because the plaintiff property owners argued that for those with undeveloped lots, the sewer system is not actually “available” to them. Therefore, they argued, they should not be subject to the fees. They further argued charging undeveloped properties went beyond what the statute establishing the fees allows, and that the collection of the fees was unconstitutional. The appeals court agreed, saying: “although the Session Laws do not define the term ‘availability’ for purposes of imposing the sewer service availability fees, it is clear that the enabling Session Laws do not, as a matter of law, apply to Plaintiffs’ undeveloped property.” Originally, the plaintiffs wanted the court to declare the fees unconstitutional, as well as order the town to refund the fees paid by the owners of the undeveloped properties. In May 2018, when Brunswick County Superior Court Judge James Ammons found in favor of Oak Island, the plaintiffs attempted to change their plea, only asking for the refund. However, the court declined their motion to amend, and instead ruled in favor of Oak Island’s countersuit, therefore upholding the fee structure. As far as those occurrences, the appeals court said it could not weigh in, because the matters were never ruled upon, and therefore couldn’t be appealed. Judge Allegra Collins disagreed with her two fellow judicial colleagues, arguing the opposite with regard to the “availability” language. Collins argues that just because property owners would have to go through the development process in order to connect to the sewer system, doesn’t mean that it isn’t “available” to them. Despite the split decision, the Court of Appeals ruling reverses the ruling and remands the issue back to Brunswick County Superior Court. Town Attorney Brian Edes said in an email Tuesday the town will likely appeal the decision to the state Supreme Court. His statement read: The North Carolina Court of Appeals issued a split opinion today ultimately holding that the subject 2006 N.C. Session Law does not authorize the Town of Oak Island to charge a sewer district fee to owners of undeveloped lots. Naturally, we are disappointed with this holding.
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Previously reported –March 2020
Supreme Court Construes Local Law to Allow “Availability” Fees to be Charged Against Developed Property and Undeveloped Property
Infrastructure fees are a common battleground between landowners/developers and local governments. The Supreme Court decided a case this week that counts as a “win” for the local governments, reversing a Court of Appeals decision. That is, the Supreme Court determined that the unambiguous language of a State law granted to the local government broader powers than the Court of Appeals otherwise thought. Let’s dig in.

The Facts
The Town of Oak Island constructed a sewer system at a cost of $140M. In 2006, the North Carolina General Assembly enacted a local act – which is a State law that relates to one or more local governments – designed to assist the Town in reducing its outstanding debt for the sewer system. The law authorized the Town “to impose annual fees for the availability of sewer service within” its sewer treatment district.

Then Town’s sewer lines run in front of both developed and undeveloped parcels in the district, but the system had the capacity to serve all parcels in the district. Beginning in 2009, owners of developed parcels began paying fees as an additional charge on their monthly sewer bills. Owners of undeveloped parcels began paying fees in 2010, with charges appearing on their real property tax bills.

The Trial Court
In 2015, certain owners of undeveloped property filed suit against the Town challenging the authority to assess the sewer service availability fees against undeveloped properties. In 2018, the trial court granted summary judgment to the Town, which the property owners appealed.

The Appeal
On appeal, the North Carolina Court of Appeals was divided. In a published decision, the majority concluded: “[A]lthough the Session Laws do not define the term “availability” for purposes of imposing the sewer service availability fees, it is clear that the enabling Session Laws do not, as a matter of law, apply to Plaintiffs’ undeveloped property.” The majority determined that the language of the State law was unambiguous, requiring the Court “to give effect to the plain meaning of the statute” and leading the Court to a dictionary definition of “availability” that read: “the quality or state of being available” and ““present or ready for immediate use”. The Court determined that the “complex, costly additional requirements—many of them conditional— that the owner of an undeveloped lot must fulfill in order to benefit from Oak Island’s sewer services foreclose any conclusion that such services are ‘present or ready for immediate use’ by those owners”, such that undeveloped lots did not have the “availability of sewer service” as compared to developed lots; therefore, “annual fees for availability” were not chargeable to the undeveloped lots under State law.

The dissent agrees that the statute is unambiguous and cites to the same dictionary provisions as does the majority, however, the dissent spends more time than does the majority on the Session Law, itself, and reaches a different conclusion as to what “availability” means.

Originally adopted in 2004 (S.L. 2004-96) as applied only to the Town of Holden Beach, the local act was amended in 2006 to apply both to the Town and the Town of Holden Beach. The actual law, as amended, provides: (1) “A municipality may create a fee-supported sewer treatment district for all properties that are or can be served by the sewage collection and treatment plant serving properties within the Town”, (2) “The Town may impose annual fees for the availability of sewer service within the district”, and (3) “Said fees shall be imposed on owners of each dwelling unit or parcel of property that could or does benefit from the availability of sewage treatment”. The dissent focuses on the language of the Session Law, that “fees shall be imposed on owners of each dwelling unit or parcel of property that could or does benefit from the availability of sewage treatment”. That is, to the dissent, the statute clearly authorizes the charging of fees to developed property (does benefit) and undeveloped property (could benefit). More to the point, however, the dissent is concerned that the majority’s analysis “would require terms be added to the Session Law, while rendering the terms ‘can be served [,]’ ‘within the district[,]’ and ‘parcel of property that could . . . benefit’ superfluous”, which the dissent notes neglects the judicial duty “not to delete words used or to insert words not used” when construing laws.

The Supreme Court’s Decision
On March 3, 2019, the Supreme Court reversed the Court of Appeals “for the reasons stated in the dissenting opinion”. That is, the Supreme Court agreed with the dissent’s analysis and conclusion regarding the meaning of “availability” and the ability of the Town, pursuant to the local law, to charge sewer system fees to owners of developed and undeveloped properties, alike.
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NC Supreme Court sides with Oak Island in sewer system dispute
North Carolina’s highest court has sided with the town of Oak Island, reversing a lower court’s decision on whether the town has the right to levy sewer fees on undeveloped properties.

The case, which was heard on Feb. 4 with an opinion filed Feb. 28, began when Bobby Boles filed a lawsuit against the town in 2015.

In that suit, Boles argued the town did not have the right to collect the fees established to help offset the cost of the town’s new sewer system — fees made possible by a 2004 action by the North Carolina General Assembly — from the owners of undeveloped properties.

[ In split decision, appeals court sides with property owners ]

From 2010 to 2017, the fee program resulted in developed property owners paying a total of $4,478.57 in fees, while undeveloped property owners would have paid $3,978.08. The appellate court whose decision the supreme court overturned had pointed out in its ruling that from 2015 to 2017, the owners of undeveloped properties were actually paying more per year than those who owned developed lots.

Property owners argued that because their lots were undeveloped and not connected to the sewer system, the sewer service was not truly “available” to them, and therefore they should not be required to pay the fees.

The Court of Appeals ruled in a split judgment on May 2, 2018, in favor of the property owners, but that result has now been reversed. The reversal was just one page and says: “We reverse the decision of the Court of Appeals for the reasons stated in the dissenting opinion.”

Judge Allegra Collins disagreed with her two fellow judicial colleagues, arguing the opposite with regard to the “availability” language.

Collins argued that just because property owners would have to go through the development process in order to connect to the sewer system, doesn’t mean that it isn’t “available” to them.
Read more » click here

Update –
Commissioner Sullivan did a brief timeline review that explained how we got here on this issue. The current Development Fees were supposed to be an interim fee schedule. Request was made that an analysis be conducted so they can establish fees based on the facts. They still have to make a choice between financial professional vs. engineering firm to do the analysis.

A decision was made – Approved unanimously

7. Discussion Related to Increased Police Resources – Commissioner Sullivan

Agenda Packet – background information not provided

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

A decision was made – Approved unanimously

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

8. Discussion and Possible Action on Potential Issues –Commissioner Tyner

Agenda Packet –
Loose Ends

Loose Ends – (16)

- - - Waste Ordinance Enforcement Policy January 2019
    - Fee Based Rollout of Containers January 2019
    - Commercial District / Zoning February 2019
    - Development Fees April 2019
    - Parking October 2019
    - Mega-Houses / Zoning October 2019
    - Audit Remedial Policies & Procedures November 2019
    - Rules of Procedure December 2019
    - Land Use Plan January 2020
    - Dog Park January 2020
    - 796 OBW January 2020
    - Speed Limit January 2020
    - IBPB – Dune Protection Game Plan February 2020
    - Staggered Terms March 2020
    - Beach Patrol April 2020
    - VRBO Action Plans April 2020

Waste Ordinance Enforcement Policy

Previously reported – January 2019
Defining the Waste Ordinance Enforcement Policy
Discussion was about how to combine education with enforcement and how do we effectively communicate the rule change to the public. Pat plans to meet with Town staff and put something together for the next BOC’s meeting. David reminded the Board that they need to keep in mind that there is a cost associated with the enforcement phase. At least three (3) of the Board members want to hold off issuing any civil fines until we are able to offer a fee-based rollout service.

Chapter 50: Solid Waste
Rental properties have specific number of trash cans based on number of bedrooms.
Enforcement fines to those not following the yard waste requirements
Enforcement fines for those placing trash on the ground or on top of trash containers
Enforcement and communication reside with the town staff to determine
Examine the possibility of providing a rollout program in addition to rollback.

We were told protocols would be established, communication to the public would be made, followed by enforcement. When are we planning to do these tasks?

Fee Based Rollout

Previously reported – January 2019
Discussion and Possible Action to Include Fee Based Rollout of Waste and Recycle Containers in Ordinance 18-16, Chapter 50: Solid Waste – Commissioner Freer

The saga continues. Apparently, some of the Board members feel that we have only addressed half of the problem. Therefore, we should hold off until we are able to implement a fee-based rollout service. David pointed out that implementing a rollout service was not as simple as it would seem, a number of variables make it much more complex than the rollback program. Peter volunteered to take the point on this issue.

The question that needs to be asked is: Why didn’t we have this conversation before adopting the ordinance? The process started in August and Ordinance 18-16 was adopted in December of 2018.

Commercial District

Previously reported – February 2019
Tim made a mea culpa for presenting this before getting adequate feedback regarding the major impact of the changes. Unfortunately, the ordinance is not going to work as presented. It appears that it would have more negative impact on commercial properties then they thought once they looked at individual parcels. It was recommended and decided that it should be sent back to P&Z Board to address these issues. There is no hurry and they would like to get it right.

Previously reported – March 2019
Discussion and Possible Action on Ordinance 19-05, An Ordinance Amending the Holden Beach Code of Ordinances, Section 157.062: Commercial District– Planning Director Evans
a) Discussion and Possible Scheduling of a Date to Hold a Public Hearing on Proposed Changes to Section 157.062: Commercial District

Development Fees

Agenda Packet –
ORDINANCE NO.19-07
AN ORDINANCE AMENDING ORDINANCE NO.18-10,
THE REVENUES AND APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 2018-2019 (Amendment No.7)

Moved funds of $10,000
From Revenue account #30.0399.0500 to Expense account#30.0810.0400

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

Parking

Previously reported – October 2019
Agenda Packet –
After due discussion and consideration, in April 2018 the Board of Commissioners voted to revise ordinance section 72.02 PARKING REGULATED ON PUBLIC STREETS AND RIGHTS OF WAY. The revised ordinance contains section(k) It shall be a violation of this chapter to leave standing any portion of a vehicle in a lawful parking area between the hours of 2:00am and 5:00am.

The stated purpose for the revision was a concern for the safety, privacy, and property rights of the property owners of Holden Beach. Due to an increase in proactive enforcement measures of the Holden Beach Police Department related to parking in the right of way, the benefit of the revision has been questioned by some residents and visitors.

It was the original intent of the Board to prohibit parking only in the nine municipal areas between the hours of 2:00a.m.- 5:00a.m. If an owner wants to restrict parking, they can use a post and rope fence. If someone parks between 2:00 a.m. and 5:00 a.m. and is carrying on, then just call the Police the same way you would any other time of the day.

Previously reported – February 2020
Directives for Town Attorney Action

1. Date of BOC Meeting: February 11, 2020
2. Agenda Item # 23: Executive Session with Town Attorney
3. Issue: Revision of Current Ordinance Section 72.02 Parking Regulated on Public Streets and Rights of Way
4. Request to: Town Attorney
5. Motion: Request the town attorney conduct research on the State of North Carolina’s notice requirements related to parking restrictions on public roads and rights of way and the permissibility or limitations on granting residents/owners parking privileges greater than those enjoyed by the public at large.
6. Action Requested: Request the town attorney conduct research on the State of North Carolina’s notice requirements related to parking restrictions on public roads and rights of way and the permissibility or limitations on granting residents/owners parking privileges greater than those enjoyed by the public at large.
7. Vote Tally: 5-0
8. Proposed Deadline: No later than March 16, 2020 for discussion at the March 17, 2020 BOC Meeting.

Mega-Houses
Originally reported – October 2019

Previously reported – February 2020
Agenda Packet –
The Board directed Inspections Director Evans to prepare an ordinance around his description for house size limitation and provide it to the attorney before it was presented to the Board for review. Attorney Carpenter has advised me that she does not have any concerns with the ordinance prepared by Inspections Director Evans. It is enclosed for your review.

We have been working on this issue for at least the last five (5) years. Timbo did not make slide presentation since he has made this same presentation numerous times already. The abridged version is simply that you can’t build as big a house that you could before. State statutes require that the governing board hold a public hearing prior to the adoption, amendment, or repeal of any ordinance regulating development. Therefore, it was decided to schedule a Public Hearing before the next Regular BOC’s meeting so they can adopt the Ordinance.

Audit Remedial Policies & Procedures

Previously reported – November 2019
Discussion and Possible Action to Recommend Remedial Policies or Procedures with Respect to Obstruction, Interference or Non-Cooperation in Connection with Audits, Investigations or Reviews of the Town’s Affairs – Commissioner Freer

Plan was to ask attorney for some direction. Since the attorney was not in attendance, they delayed discussion until the attorney is present at the next meeting.

Rules of Procedure

Originally reported – December 2019
The Board is required to adopt some version of Rules of Procedure each year. Heather has given them two (2) options or they can create their own new version. Pat has volunteered to review current version and make recommendations of any necessary changes. This will be on the agenda again next month so that they can adopt rules as required.

Land Use Plan

Originally reported – October 2019

Previously reported – January 2020
Discussion and Possible Action on Land Use Plan
a. Discussion and Possible Action on Suggested Changes to Draft Land Use Plan – Commissioner Kwiatkowski
b. Discussion and Possible Scheduling of a Date to Hold a Public Hearing to Hear Proposed Comments on the Land Use Plan – Inspections Director Evans

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

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

Dog Park

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

Intent is to reestablish pre-dredge capabilities which in order of priority are as follows:

- - Permitted primary disaster debris management area
  - Public Works lay down yard
  - Dog Park

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

Previously reported – February 2020
Discussion and Possible Direction Concerning Property Owners’ Desire for a Dog Park to Replace the One Previously Located on Scotch Bonnet Drive – Commissioner Tyner

Agenda Packet –
Several property owners offered comments at January’s Board of Commissioners meeting during the public comment time on the agenda concerning the desire to see a replacement dog park for the previous one located on Scotch Bonnet Drive.

The purpose of this agenda item is to discuss the concerns expressed by the property owners and determine whether the Board should request the Town Manager to explore options to replace the previous dog park.

796 OBW

Previously reported – September 2019
Ordinance 19-15, The Revenues and Appropriations Ordinance (#3)

- Provide funds for purchase of property at 796 OBW – approved $349,000
- A significant portion of the cost of acquiring this property is offset by us no longer needing to do additional acoustical engineering.

Previously reported – January 2020
We need to determine what we will do with the building. The first step is deciding how you want to use the property. Pat’s position is that we need to keep building because of noise abatement issues. Board wanted to hand this off to the Parks & Recreation Committee for them to develop some potential uses.

Previously reported – February 2020
Agenda Packet –

Directive to:
Parks and Recreation Board

Issue and Action Requested:
The Town purchased 796 OBW, the property next to Sewer Pump Station 3, primarily as a solution for decibel concerns due to proximity. Various potential uses for the property were discussed, including possibilities for public use. It was agreed to defer any decision on the best use of the building to 2020, when a proper plan of action would be determined. With potential public uses of the building in the mix, Parks and Rec is appropriate to lead this effort. Parks and Rec is asked to seek input and recommend possible uses for 796 OBW.

Background and Potential Implications:
When the Town purchased 796 OBW, a number of possible uses for the building were identified as potentially viable, some involving staff use and some public use. Instead of exploring costs for all possibilities, it was decided to defer further evaluation until 2020, when input could be sought and a “short list” of possible uses defined before examining re-modelling and re-zoning implications. Without a pre-screen, internal time and money could be wasted on evaluating facility uses that are not of interest to either staff or our property owners or simply not possible given the nature of the location and/or structure.

Charge Questions:
1) What uses do our residents and property owners envision and prefer?
2) What uses does Town staff envision and prefer?
3) Does proximity of the pumping station impact the viability of the envisioned use
4) Does proximity to neighboring properties impact the viability of the envisioned use?
5) Is parking going to be adequate for the envisioned use?
6) What other possible upsides or downsides might be associated with the envisioned use?
7) Will it be possible to request grant money to help defer remodeling and/or maintenance costs for the envisioned use?

Proposed Deadline:
September 2020 BOCM

Most of the discussion was over what the next step should be. It can be characterized as: which comes first the chicken or the egg? The choice between sending it to Parks & Rec Board or sending it to Timbo in Planning & Inspections Department. Between us, this is the same exact discussion we had last month but here we are again. By sending it to the Planning Department first the thinking is that it will help to narrow down the parameters of what we can do there. Once we know what we can do then we can discuss what we would prefer to do. Consensus was to send it to Timbo now and hold off on tasking Parks & Rec Board.

Speed Limit

Originally reported – January 2020
Discussion and Possible Action Pertaining to the Speed Limit on Ocean Boulevard – Commissioner Sullivan

Proposal is to reduce speed limit on OBW to 35 miles per hour year-round

Police Chief Dixon had four (4) talking points

1. 1. Accident death rate goes from 45% to 85% when speed is increased by 10mph
  2. Stopping distance increases by 79 feet when speed is increased by 10mph
  3. Time difference from general store to west end gate is just over 1 minute with change
  4. Lower speed limit allows golf carts and installation of crosswalks

Previously reported – February 2020
Speed Limit on Ocean Boulevard
John Plumridge made appeal again, at the Public Comments section of the meeting, in favor of keeping OBW at 35mph year-round. His case is plain and simple, we need to take reasonable precautions to safeguard pedestrians. Despite the talking points presented the community still does not appear to be convinced about making the change. The Board hedged their bets, seeking additional public input since it is pretty much a split decision right now. If I were a betting man, I would put my money on them putting safety over mobility.

IBPD

Previously reported – February 2020
Agenda Packet –

Directive to:
Inlet Beach Protection Board (IBPB)

Issue and Action Requested:
Stay off the dunes warning signs do not provide information on why the dune system is important for environmental and economic reasons, or how human behaviors can damage the dunes. Without a better understanding of the importance and fragility of dune systems, owners and visitors may not realize how some of their behaviors can damage dunes. The IBPB should recommend a 1 pager detailing the importance of maintaining dunes and potential negative implications of some of the owner and visitor behaviors that are frequently observed, also restating (not threatening) the legal consequences of not obeying the signs. The IBPB should also recommend ways the message can best be delivered to owners and visitors.

Background and Potential Implications:
Residents often see examples of visitor behaviors damaging to dunes. It is likely the visitors don’t realize the potential harm of their actions. Signs stating stay off the dunes and showing the penalty of not complying do not help educate owners and visitors on why the dune system is critical and how their behaviors can cause harm. Until there is better understanding, behaviors won‘t change.

Charge Questions:
1) What publications/public information support the 1 pager?
2) Is the information consistent with state and local law/regulation?

Proposed Deadline:
May 2020 BOCM

Staggered Terms

Previously reported – March 2020
Discussion and Possible Action on Ordinance 20-07, An Ordinance Amending the Holden Beach Code of Ordinances, Section 30.11: Terms of Office; Filling of Vacancies – Town Clerk Finnell

Beach Patrol

Previously reported – April 2020
At the last budget meeting the Town Manager characterized Beach Rangers as just for PR

That is not my understanding, PR was only one of their roles on the beach strand

If the Beach Rangers were strictly for public relations, why wasn’t Christy tasked with supervising them?

If they were never supposed to be out there for code enforcement than why is Timbo in charge of them?

The three stated goals were –

1. 1. Put a friendly face out there to interact with guests
  2. Educate guests about targeted ordinances to get compliance
  3. Explain the purpose of the ordinance and consequences for non-compliance

So, only one of the three stated goals are public relations with the other two being code enforcement

VRBO Action Plans

Previously reported – April 2020
Discussion of Occupancy Tax collection from VRBO properties

Local occupancy tax collectors should put the burden on property owners to prove that they are either satisfying their occupancy tax obligations on their rentals or that they are not personally responsible for those taxes under the rules described above. If the tax collector knows of properties being rented on-line but not paying occupancy taxes and polite requests for payment have failed, the tax collector could send estimated occupancy tax bills to the owners based on the rates listed for those properties on-line. The bills could explain that the local government will proceed with enforced collection efforts unless the taxpayers provide documentation to disprove the local government’s estimates of liability.

Occupancy Taxes and Airbnb

More Occupancy Tax Q & A

New software will redefine how New Hanover County tracks Short Term Rentals
The county’s new approach – known as Short Term Rental Helper – is produced by Bear Cloud Software, and was developed out of a similar, albeit slightly more extreme, set of circumstances. New Hanover County’s use of STR Helper focuses largely on its tax revenue aspect. For Lisa Wurtzbacher, the county’s chief financial officer, the two important pieces are an online portal that allow rental owners to make monthly room occupancy tax payments online. It also allows the county to know when people who aren’t paying ROT book a room or building online. Some people might think that there’s a punitive aspect to the compliance side, but that’s not really it – we’re just asking people to pay for what they’re using. If you have one property paying (ROT) and then another one not, that’s not a level playing field,” Wurtzbacher said. ‘We think most people will find this system much easier to use (than the current mail-in system). We want it to a win-win.” The county plans to finalize its deal with STR Helper in April and roll out the program by July 1, the start of the county’s fiscal year.
Read more » click here

Your Reservation Has Changed: Regulating the Sharing-Economy
What can our county do to capture lost tax revenue?
STRs present counties with two kinds of tax revenue possibilities: sales tax and, in many places, occupancy taxes. And one common reason for STR regulation is to create a plan for tax collection. The sales tax applies to everyone throughout the state. However, a local act is needed to establish an occupancy tax.

Not all hope is lost for those wishing to collect the occupancy tax from local hosts. The Town of Ocean Isle has been extremely resourceful (and successful) in its approach to collecting the occupancy tax, and, according to tax collector Wendy Barbee, all it takes “is a little investigative work.” Barbee explained that the investigative work (which is handled by one customer service representative) includes scrolling through the online booking sites to identify new listings, locating those properties on the Brunswick County GIS, and notifying the homeowners of the requirement to pay the occupancy tax. To help with enforcement, the town sends a letter each December to property owners asking if they plan to rent their property in the following tax year. If so, the homeowner receives an occupancy tax coupon book to use in remitting the tax bill on a monthly basis. New homeowners are automatically sent a letter informing them of the obligation to pay local taxes on STR income. Barbee admits that the task of creating a master list of all STR properties was initially labor intensive. However, now the town primarily focuses on identifying new rentals, which they estimate to be about 40-50 properties per year.

The takeaway here is that local governments may want to get creative in their tax collection efforts, even if they opt out of regulating the overall use of STRs. Educating homeowners on this topic and making compliance easy are ways to ensure that your local government does not miss out on a sizable portion of funding.
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Update –
Three of the Board recommended that they need to prioritize these items sooner rather than later. Two items were addressed on the agenda at this meeting. Consensus was that they need to prioritize these items by what’s important and urgent, assign Board member to run herd and start chipping away at this list. The Town Manager suggested they look at it from the perspective of how they relate to their goals and objectives that they had established as strategic items and they wanted to move towards. For no apparent reason, David got pretty upset and went into a tirade about how it sounded like he and his staff were just sitting on their hands and not doing anything. At that point, it was decided that they would revisit the unfinished business items at the July meeting and determine what can they work on.

No decision was made – No action taken

Woody gave me a shout-out for the work I did on this that was posted on Lou’s Views

Thank You!

For those of you that did not listen to the audio recording, our Town Manager took umbrage to this agenda item and its title Loose Ends. The definition of loose ends is a fragment of unfinished business or a detail that is not yet settled or explained which is exactly the point of the document. My intent in submitting these items to the BOC’s was to be a sort of catalyst so that they would be put back in the queue. Most of these agenda items were started and then put on hold and some with little additional effort could be brought to a resolution. At least some of these issues were put on pause even before the pandemic brought everything to a grinding stop. David’s rant was inappropriate and an inexplicable reaction since the list was about unfinished business, which is their current status, and was not about either him or his staff. The fact of the matter, it is the Board that needs to continue working on them and move these issues to closure and at least three of Board saw it that way too.

9. Police Report

It’s the busy season on Holden Beach
Typical summertime fun at the beach

Public Safety Announcement

The Police Department would like to remind everyone that it is important to protect your personal property. Remove all items of value from your vehicle when you are not driving it. Always lock your vehicle doors when you are not in it. Leaving items on display, whether on the dashboard or sitting on a passenger seat, is an invitation to opportunist individuals. Make sure to follow these important tips!

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

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

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

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

Parking
§72.02 PARKING REGULATED ON PUBLIC STREETS AND RIGHTS-OF-WAY.
(1) All vehicles must be as far off the public street rights-of-way as possible; and
(2) No vehicle may be left parked on any portion of any roadway; and
(3) No vehicle may be parked on portion of the sidewalk.

Defensive Driving
Be mindful on the road, tourists are out there and frankly many of them are not paying attention. Defensive driving is driving characterized by prudence, diligence, and reasonable cautiousness. Its aim is to reduce the risk of collision by anticipating dangerous situations, despite adverse conditions or the actions of others.

10. Town Manager’s Report

Sewer Lift Station #3
Both the progress meeting and the engineers on-site inspection were completed
Project is on schedule

Brunswick County Issues
.   1) Considering revising terms Sewer Service Agreement
.   2) Considering revising terms Wholesale Water Contract
.   3) CARES Act relief funds THB received only $8,000

LWF Inlet Navigation Maintenance Project
Inlet crossing maintenance project dredging operations were completed
Navigability questionable, decent channel cut but the buoys not placed properly

USACE
Sand for the AIWW contract scheduled to go to Oak Island

Central Reach Project / Beach Nourishment
Previously reported – January 2020
The sand search continues. The hydrography survey and vibracores have been completed. However, we were told that an archeological side beam scan is required before we can submit for permit modification. Offshore investigation is moving forward expecting that it will be completed soon.

Previously reported – February 2020
Surveyor left for another opportunity, so we had to source a second surveyor
Work should be completed by the end of February
We need to submit permit revisions by the end of April

Previously reported – April 2020
Bad weather has compromised bathymetry, the measurement of depth of water
Now looking at May / June completion date

Previously reported – May 2020
Working on requirements for archeological survey
Plan to submit permit sometime in June

Update –
On schedule plan to submit permit sometime in August

Editor’s Note –
How is this on schedule? This was supposed to be completed in February.

Recreation Programs
Continuing to adapt due to coronavirus restrictions
Tide-dye has become a do it yourself activity
The first five (5) concerts of the season will be rescheduled to a later date

In Case You Missed It –

HB Bridge Safety Railing Project
Contract was awarded October 29, 2018
Completion date for the contract to be October 1, 2019
Work on the bridge safety railing has been delayed
COVID-19 restrictions have resulted in delayed fabrication and delivery of the rail
Work is scheduled to resume on June 15^th.

Update –
Work started a week before the date it was scheduled to resume. The existing concrete railing structure doesn’t meet the 48” minimum safety standard height requirement guidelines for cycling and pedestrians. The existing railing is only 27″ high, the newly installed railing adds another 21” which gets us up to the 48” minimum safety standard height requirement. Just so you know, work has not been completed yet.

11. Executive Session Pursuant to North Carolina General Statute 143-318.11 (A)(6) to Discuss Qualifications, Competence, Performance of a Public Officer or Employee–Commissioner Tyner

No decision was made – No action taken

Recessed Meeting: The June 16th Regular Meeting of the BOC’s has been recessed to Thursday, June 18th at 3:30 p.m.

Continuation BOC’s Regular Meeting – 06/18/20

Audio Recording » click here

1. Discussion and Possible Consideration of Ordinance 20-10, Budget Ordinance for Fiscal Year 2020 – 2021 – Town Manager Hewett

The Board engaged the Town Manager with a number of issues to get clarification and ensure everyone was clear as to what was being agreed to. Brilliant!

Proposed budget balanced with revenues equaling expenses
BOC’s approved the town’s budget ordinance for the upcoming fiscal year

A decision was made – Approved (3-1)

Mayor Pro Tem Gerald Brown – was not in attendance

- - State of Emergency – Timeline
    06/02/20
    With the exception of the playground and splash pad, Bridgeview Park is now open. Click here to view Amendment No. 10 of the Town’s State of Emergency.
    This amended declaration shall remain in force until rescinded or amended.
    05/29/20
    With the exception of Bridgeview Park (across from Town Hall), Town recreational areas are now open. Click here to view Amendment No. 9 of the Town’s State of Emergency.
    05/22/20
    Governor Cooper signed Executive Order No. 141 which is a transition to Phase 2 of a three-part plan to reopen North Carolina amid the coronavirus pandemic went into effect at 5 p.m. Friday, May 22. The Governor announced that they are lifting the Stay at Home order and shifting to a Safer at Home recommendation. Click here to view the Executive Order details.
    05/18/20
    Public restroom facilities are now open. Click here to view Amendment No. 8.
    05/08/20
    Governor Cooper signed Executive Order No. 138 to modify North Carolina’s stay-at-home order and transition to Phase 1 of slowly easing certain COVID-19 restrictions. Phase 1of Governor Cooper’s three-part plan to reopen North Carolina amid the COVID-19 coronavirus pandemic went into effect at 5 p.m. Friday, May 8. It’s the first step in the state’s gradual return to normalcy. Phase two is expected to begin two to three weeks after phase one, given that certain conditions are met. Click here to view the Executive Order details.
    04/30/20
    Having consulted in an emergency meeting with the Board of Commissioners, the terms of the State of Emergency have been amended. Highlights include the following: rentals may resume as of May 8th; and public parking and public accesses are open immediately. All other restrictions remain in full force. Click here to view Amendment No.7.
    04/19/20
    Item #9 of the existing Town of Holden Beach State of Emergency, which was made effective on April 8, 2020 at 11:59 p.m., shall hereby be rescinded at 12:00 p.m. (noon) on Tuesday, April 21, 2020. This action will thus allow the beach strand to be open for the purpose of exercise and relaxation. No congregating shall be allowed. All other parts of the current declaration of emergency shall remain in effect. Click here to view Amendment No. 6.
    04/08/20
    Emergency Management Director, in consultation with the Commissioners, have decided to close the beach strand effective Wednesday, April 8 at 11:59pm. Today’s Amendment No. 5 is being added to the existing Declaration of the State of Emergency. Any person who violates any provision of this declaration or any provision of any Executive Order issued by the Governor shall be guilty of a Class 2 misdemeanor which carries a maximum penalty of sixty days in jail and up to a $1,000 fine per offense. Click here to view Amendment No. 5.
    04/01/20
    Town of Holden Beach has declared a State of Emergency, Amendment No. 4 is an attempt to define the purpose of the original declaration more clearly (no new tenancy).
    Click here to view Amendment No. 4.
    03/31/20
    The State of Emergency for the Town of Holden Beach has been amended to coincide with Governor Cooper’s Stay at Home Order. Click here to view the Amendment No. 3.
    03/27/20
    Governor Cooper announces Executive Order No. 121, state-wide Stay at Home Order. Click here to view the Executive Order details.
    03/27/20
    The State of Emergency for the Town of Holden Beach has been amended regarding short-term rentals. Click here to view the Amendment No. 2.
    03/23/20
    The State of Emergency for the Town of Holden Beach has been amended regarding prohibitions and restrictions to be implemented within the Town of Holden Beach. Click here to view the Amendment No. 1.
    03/23/20
    Mayor Holden, with the consensus of all five commissioners, has declared a State of Emergency for the Town of Holden Beach. Click here to view the Declaration.
    Coronavirus Information
    The Town Hall is currently open during normal business hours. All activities, with the exception of Board of Commissioners’ meetings, scheduled in the Town Hall Public Assembly and conference rooms and the Emergency Operations Center conference rooms are canceled until further notice. The Town encourages residents to follow social distancing protocols and to seek communication options like phone, email and other online resources to limit exposure to others.
    Brunswick County has developed a dedicated webpage for community assistance. Click here to view their website. Remember to seek the most verified information from sources likes the CDC, NC DHHS and the county regarding the coronavirus. You can contact the Brunswick County Public Health Call Line at (910) 253-2339 Monday – Friday, 9:00 a.m. – 5:00 p.m. You can also email them at coronavirus@brunswickcountync.gov. The NC Public Health Call Line can be reached at 866-462-3821 (open 24/7).
    The situation is serious; take it seriously!
    You may not be interested in the coronavirus, but it is interested in you.
    General Comments –
    Due to the Town of Holden Beach’s State of Emergency Restrictions and Governor Cooper’s Stay at Home Order, in person public attendance is prohibited. The meeting will be livestreamed on the Town’s Facebook page. Visit https://www.facebook.com/holdenbeachtownhall/ to watch the livestream.
    .
    BOC’s Meeting
    The Board of Commissioners’ next Regular Meeting is scheduled on the third Tuesday of the month, July 21^st
    
    Hurricane Season
    For more information » click here
    Be prepared – have a plan!
    .
    .
    National Oceanic and Atmospheric Administration (NOAA)
    The National Oceanic and Atmospheric Administration (NOAA) defines a hurricane as “an intense tropical weather system with a well-defined circulation and maximum sustained winds of 74 mph (64 knots) or higher.”
    2020 Atlantic Hurricane Season Fast Facts
    The 2020 Atlantic hurricane season runs from June 1 to November 30. The areas covered include the Atlantic Ocean, Gulf of Mexico, and the Caribbean Sea.
    The National Weather Service defines a hurricane as a “tropical cyclone with maximum sustained winds of 74 mph (64 knots) or higher.”
    Hurricanes are rated according to intensity of sustained winds on the Saffir-Simpson Hurricane Wind Scale.
    The 1-5 scale estimates potential property damage.
    A Category 3 or higher is considered a major hurricane.
    The National Hurricane Center advises preparedness:
    - A hurricane watch indicates the possibility that a region could experience hurricane conditions within 48 hours.
    - A hurricane warning indicates that sustained winds of at least 74 mph are expected within 36 hours.
    Read more » click here
    THB EMERGENCY INFORMATION
    EVACUATION, CURFEW & DECALS
    If the Town declares a mandatory evacuation, PLEASE LEAVE
    General Assembly during the 2012 Session, specifically authorizes both voluntary and mandatory evacuations, and increases the penalty for violating any local emergency restriction or prohibition from a Class 3 to a Class 2 misdemeanor. Given the broad authority granted to the governor and city and county officials under the North Carolina Emergency Management Act (G.S. Chapter 166A) to take measures necessary to protect public health, safety, and welfare during a disaster, it is reasonable to interpret the authority to “direct and compel” evacuations to mean ordering “mandatory” evacuations. Those who choose to not comply with official warnings to get out of harm’s way, or are unable to, should prepare themselves to be fully self-sufficient for the first 72 hours after the storm.
    Busy Atlantic hurricane season predicted for 2020
    Multiple climate factors indicate above-normal activity is most likely
    An above-normal 2020 Atlantic hurricane season is expected, according to forecasters with NOAA’s Climate Prediction Center, a division of the National Weather Service. The outlook predicts a 60% chance of an above-normal season, a 30% chance of a near-normal season and only a 10% chance of a below-normal season. The Atlantic hurricane season runs from June 1 through November 30.
    Read more » click here
    No matter what a storm outlook is for a given year,
    vigilance and preparedness is urged.
    Do you enjoy this newsletter?
    Then please forward it to a friend!
    Lou’s Views . HBPOIN
    .          • Gather and disseminate information
    .          • Identify the issues and determine how they affect you
    .          • Act as a watchdog
    .          • Grass roots monthly newsletter since 2008
    
    https://lousviews.com/

06 – News & Views

Lou’s Views
News & Views / June Edition

Calendar of Events –

Most events have either been postponed or cancelled

Events
Discover a wide range of things to do in the Brunswick Islands for an experience that goes beyond the beach.
For more information » click here

Calendar of Events Island –

All programs are temporarily on hold

Parks & Recreation / Programs & Events
For more information » click here

Reminders –

Free Dump Week
Brunswick County property owners and residents may dispose of all materials, except for regular household trash and hazardous waste, at the Brunswick County Landfill free of charge June 22nd – 27th. Metal, tires, electronics, latex paint, and yard debris can be disposed of during free dump week, but they must be placed in their designated area. Business and commercial vehicles will be charged normal tipping fees. You must show proof of Brunswick County property ownership or residency.

Brunswick County Landfill
172 Landfill Rd NE, Bolivia, NC 28422
Hours of operation are:
Monday through Friday 7:30 a.m. to 5:00 p.m. and Saturday 7:30 a.m. to 3:00 pm.

Trash Can Requirements – Rental Properties

Waste Industries – trash can requirements
Ordinance 07-13, Section 50.10

Rental properties have specific number of trash cans based on number of bedrooms.
* One extra trash can per every two bedrooms

§ 50.08 RENTAL HOMES.
(A) Rental homes, as defined in Chapter 157, that are rented as part of the summer rental season, are subject to high numbers of guests, resulting in abnormally large volumes of trash. This type of occupancy use presents a significantly higher impact than homes not used for summer rentals. In interest of public health and sanitation and environmental concerns, all rental home shall have a minimum of one trash can per two bedrooms. Homes with an odd number of bedrooms shall round up (for examples one to two bedrooms – one trash can; three to four bedrooms – two trash cans; five – six bedrooms – three trash cans, and the like).

Solid Waste Pick-Up Schedule
Waste Industries change in service, trash pickup will be twice a week. Starting the Saturday before Memorial Day through the Saturday after Labor Day: Pick-up is every Tuesday and Saturday from May 23^rd through September 5^th

Please note:
. • Trash carts must be at the street by 6:00 a.m. on the pickup day
. • BAG the trash before putting it in the cart
. • Carts will be rolled back to the front of the house

Solid Waste Pick-up Schedule – starting May 23^rdtwice a week

Recycling – starting May 26^thweekly pick-up

Waste Management Wants Consumers to Pay More as It Moves More Trash
Working from home, Americans produce more household waste, resulting in higher costs for trash haulers
Read more » click here

Vehicle Decals
The 2020 vehicle decals were distributed with the March water bills. Each bill included four (4) vehicle decals. It is important that you place your decals in your vehicle or in a safe place. A $10 fee will be assessed to anyone who needs to obtain either additional or replacement decals. Decals will not be issued in the 24-hour period before an anticipated order of evacuation.

The decals are your passes to get back onto the island to check your property in the event that an emergency would necessitate restricting access to the island. Decals must be displayed in the driver side lower left-hand corner of the windshield, where they are not obstructed by any other items. Officials must be able to clearly read the decal from outside the vehicle.

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.

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

Pets on the Beach Strand
Pets – Chapter 90 / Animals / 90.20
From May 20^th through September 10^thit is unlawful to have any pet on the beach strand during the hours of 9:00am through 5:00pm.

. .

A Second Helping
Program to collect food Saturday mornings (7:00am to 12:00pm) during the summer at the Beach Mart on the Causeway.

. 1) Sixteenth year of the program
. 2) Food collections have now exceeded 273,000 pounds
. 3) Collections will begin on June 6^th and run through September 12^th. 4) Food is distributed to the needy in Brunswick County
For more information » click here

Hunger exists everywhere in this country; join them in the fight to help end hunger in Brunswick County. Cash donations are gratefully accepted. One hundred percent (100%) of these cash donations are used to buy more food. You can be assured that the money will be very well spent.

Mail Donations to:
A Second Helping % Douglas Cottrell
2939 Alan Trail
Supply, NC 28462

Website:
http://www.secondhelping.us/

A Second Helping gears up for 15th season in Holden Beach
A Second Helping volunteers are preparing for their 15th season of collecting donated items from departing vacationers as they wave goodbye to Holden Beach and begin their journey home. Orange cones and canopies will once again be visible in the Beach Mart parking lot as volunteers gather at 7 a.m. Saturday, June 6 to kick off the summer season. A Second Helping will collect items until noon every Saturday through Sept. 12, according to Doug Cottrell, operations manager. This past summer, A Second Helping collected 14,330 pounds of food, paper products, unused toiletries, garbage bags and other unused items from visitors to the beach. The volunteer organization also collected $2,165 in cash donations. The items are distributed throughout the county wherever they can be best used, including Loaves & Fishes food pantry at Brunswick Islands Baptist Church and One Can Ministries / Sharon United Methodist Church. Non-food items, including paper products, cleaning supplies, toiletries, laundry supplies and linens are shared with Brunswick Christian Recovery Center in Ash. BCRC is a non-profit Christian rehabilitation center for those with addiction to drugs, both of the prescription and “street” variety, and alcohol. This men’s residential rehabilitation facility benefits from donated cleaning, kitchen, personal care, and other non-food donations. In August, BCRC will open a similar facility for women. The Rose House, at 545 Hickman Road NW, will provide care for up to 28 patients. BCRC plays a key role in returning shattered individuals to wholeness and health, according to Cottrell. Donations to these facilities allow the recovery centers to provide 16 weeks of free residential recovery for individuals seeking substance abuse assistance. The Second Helping volunteers, now totaling 35, will be watching news of the COVID-19 crisis as the summer progresses. “We are keeping alert for any increase in virus cases that might influence the beach access or short-term rentals,” said Cottrell. “We are taking this one day at a time. If for any reason we get an uptick in COVID issues and rentals and/or beach access is impacted, we will pull back. I felt it would be better to be ready and react than not be ready and have things go well with local health statistics. That is what we want anyway right?” Bill Spier founded A Second Helping in 2005. Since July 2005, the group has collected and redistributed 244,300 pounds of donated items, according to A Second Helping’s website. “Our volunteers, community and those who benefit from these collections continue to be blessed by his vision and thank him for his years of faithful and tireless service,” Cottrell said in an earlier interview. “It is interesting how others support what we do. Lyn Holden gladly welcomed us to use the front of his parking lot when I approached him about how poorly located the (Holden Beach) Chapel parking lot was to get donors from both sides of the bridge plus the traffic safety issue. Mitch Young of Island Time Rentals provides our pop-up canopy each week. All of the on-beach realtors put our information in their info packets or do it digitally in the case of Hobbs Realty. We get surplus food from Archibald’s Deli. Bible Baptist Church has connections for relief food, and we have been the recipients of over-stock of that.” A Second Helping also receives support from additional Holden Beach rental realtors, including Alan Holden Vacations, Coastal Vacation Resorts, Holden Beach Vacations and PROACTIVE Vacations, he added. “We also thank all our Holden Beach merchants for allowing us to put posters in their establishments and their generous donation of $1,000. We are very grateful to our generous vacationers and residents. Last summer was another great year!” A Second Helping locations originally planned for Ocean Isle and Sunset beaches have suspended their collection plans due to COVID-19. Volunteers will also accept monetary donations to assist the three charities. Donations may be made at the causeway location or mailed to 2939 Alan Trail SW, Supply, NC 28462. “My greatest joy is the smiles on donors faces that they can help, and they don’t throw anything away after having a great week at our wonderful family-oriented beach.”
Read more » click here

Bird Nesting Area
NC Wildlife Commission has posted signs that say –
Bird Nesting Area / Please don’t disturb
The signs are posted on the west end beach strand

People and dogs are supposed to stay out of the area from April through November
. 1) It’s a Plover nesting area
. 2) Allows migrating birds a place to land and rest without being disturbed

Coastal birds need social distancing during nesting season
According to the National Audubon Society, in 2015 there were 232 Least Tern nests and 175 Black Skimmer nests in North Carolina, with potential for a decrease in 2020 if beachgoers do not extend social distancing efforts. “This is an important time for beach-nesting birds as they begin laying eggs and raising chicks right on our shores,” said Ben Graham, spokesman for Audubon North Carolina. “As North Carolina slowly reopens, it’s critical for people to remember that these birds need social distancing too. Their survival depends on it.” Vulnerable birds like the Least Terns and Black Skimmers, which are listed as state species of concern, lay their eggs right on the beach, making them at risk for even the smallest disturbances from humans and their pets. “They scrape out a little bowl-shaped depression in the sand and lay two to four eggs,” coastal biologist Lindsay Addison said. “Because they need this habitat to raise their young and because people want to use the same habitat to recreate, the birds and people often end up trying to use the same resource. If people don’t give the birds their own space on the beach, the birds cannot be successful.” Least Terns are known for their hovering patterns, small size, and yellow bills. Least Terns are very territorial of their nests and will let out a call and even sometimes defecate on their invaders.
Read more » click here

Mosquito Control
Current EPA protocol is that spraying is complaint driven
The Town is unable to just spray as they had in the past
. 1) Complaint based
. 2) Citizen request
. 3) Proactively monitor hot spots

They recommend that you get rid of any standing water on your property that you can
Urged everyone to call Town Hall if they have mosquito issues so that they can spray

Spraying is complaint based, so keep the calls coming!

Building Numbers
Ocean front homes are required to have house numbers visible from the beach strand.
Please call Planning and Inspections Department at 910.842.6080 with any questions.

§157.087 BUILDING NUMBERS.

(A) The correct street number shall be clearly visible from the street on all buildings. Numbers shall be block letters, not script, and of a color clearly in contrast with that of the building and shall be a minimum of six inches in height.

(B) Beach front buildings will also have clearly visible house numbers from the strand side meeting the above criteria on size, contrast, etc. Placement shall be on vertical column supporting deck(s) or deck roof on the primary structure. For buildings with a setback of over 300 feet from the first dune line, a vertical post shall be erected aside the walkway with house numbers affixed. In all cases the numbers must be clearly visible from the strand. Other placements may be acceptable with approval of the Building Inspector.

BOC’s Meeting
The Board of Commissioners’ next Regular Meeting is scheduled on the third Tuesday of the month, July 21^{st
.}

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

Volunteers needed
The Town is always looking for people to volunteer for their various boards and committees. If you are interested in serving, please fill out a resume form and submit it to heather@hbtownhall.com.

Curbside Recycling
Waste Industries is now offering curbside recycling for Town properties that desire to participate in the service. The service cost is $93.29 annually paid in advance to the Town of Holden Beach and consists of a ninety-six (96) gallon cart that is emptied every other week.
Curbside Recycling Application » click here
Curbside Recycling Calendar » click here

Recycling renewal form was sent, you should have gotten e-mail letter already

Elevators
Most states mandate that elevator systems be tested and inspected annually. Currently the state of North Carolina does not require annual inspections to be performed on all elevator systems. The use of unsafe and defective lifting devices imposes a substantial probability of serious and preventable injury to your family and guests. It is in the owner’s best interest to minimize injuries and liability by scheduling an annual safety inspection to ensure the safe operation of their elevator system.

Library
If you need something to keep you busy in this colder weather, make sure to visit the island library. The library is in the upstairs of Holden Beach Town Hall. All the books were donated. Patrons of the library don’t have to check out a book; they are on the honor system to return it.

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

Upon Further Review –

Dog Park
The dog park will remain closed for the foreseeable future. The Town needed to use the land at the dog park to place material from the canal dredging project as the dredge spoils area. It is unknown when it will be returned to a useable state as a dog park again. They are currently looking at other options for a dog park on the island.

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

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

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

Four people spoke during the Public Comments session at the January BOC’s meeting, all in favor of creating a new Dog Park area. The park was utilized by people daily. We no longer have anywhere on the island to walk a dog safely. The nearest dog park for off leash activity is in Shallotte. I think we should make every effort to provide an area for dogs on the island. My recommendation is to utilize existing town property. The Town actually owns quite a bit of property. For instance, we have two parcels between BAW and OBW, across from Marker Fifty-Five, that were platted as streets but never put in; between High Point Street and Neptune Drive. We had previously discussed the possibility of creating parking areas out of them, one of them could be made into a dog park. Parking should be on the BAW side of the park, so it doesn’t get taken over by guests going to the beach. The designated area would be an additional recreational opportunity as well as an option for having dogs off their leashes instead of in unauthorized areas like the beach strand. As for allocating funds the cost should be paid for by the canal POA’s. You ask: Why? In April of 2014 we established the Dog Park on Town owned property at Scotch Bonnet Drive, at a cost of $19,000 sourced from BPART account. The Canal Dredging Project was mostly paid for from the Water Resources Development Grant of $1,439,922 which we secured in December 2017. According to Town Manager Hewett, “the Canal Dredging Project is paying all costs for the reconstitution of the Scotch Bonnet site to include installation of dog park facilities at that location.” That’s all well and good but meanwhile we do not have a dog park. It is my humble opinion that the right thing to do is for them to pay to create a temporary replacement dog park too.

NRPA Park Pulse: Americans Agree Dog Parks Benefit Local Communities
Local parks and recreation agencies provide dog parks for the areas they serve
Each month, through a poll of Americans that is focused on park and recreation issues, NRPA Park Pulse helps tell the park and recreation story. Questions span from the serious to the more lighthearted. With this month’s poll, we look at the possible benefits dog parks bring to their communities.

91% of Americans believe dog parks provide benefits to their communities

Availability of dog parks is especially popular among millennials (94 percent) and Gen Xers (92 percent) followed by baby boomers (89 percent) who agree dog parks provide benefits to communities.

Top 3 Community Dog Park Benefits:

- - 60% Gives dogs a safe space to exercise and roam around freely
  - 48% Allows dogs to socialize with other dogs
  - 36% Allows owners a chance to be physically active with their pet

For more information » click here

Corrections & Amplifications –

Holden Bridge Safety Railing Project

Previously reported – August 2018
Agenda Packet –
Safety Railing for the Holden Beach Bridge
It is the intent of the Department of Transportation to provide a bicycle/pedestrian railing atop the Town’s concrete bridge barrier, as an added safety improvement. They would like feedback from the Town on a preferred option for the safety rail. It seems as though they need an answer sooner than our normal meeting schedule allows.

I don’t think it is the manager’s call on this and feel the Board should review and make the recommendation. Please see the attached pictures and let me know if you have any questions.

Bridge Health Index
NCDOT is committed to measuring and improving its overall performance. One of the department’s goals is to make the state’s infrastructure last longer by setting a target for at least 70 percent of bridges rated to be in good condition or better. Good means that the bridge can safely carry the typical-sized commercial or passenger vehicles for that route. To achieve this goal, the department uses a data-driven strategy to improve the overall condition of all bridges in North Carolina by focusing taxpayer dollars where they’re needed most.

North Carolina Department of Transportation selected Holden Beach bridge as a High Value Bridge. They have allocated funding to make safety improvements and improve the expected life expectancy of the bridge. Work includes adding bicycle / pedestrian railing a safety improvement and also do basic repair to the substructure. NCDOT will pay the entire estimated $1.5 million to $2.0 million cost of the project. Work on the bridge is scheduled to begin in September. The estimated time frame to complete the work is the better part of eighteen months.

Chad Kimes Deputy Division Engineer informed the Board that NCDOT intends to install a bicycle / pedestrian railing on top of the concrete bridge barrier, which does not meet current safety standards, as a safety improvement. He asked the Board for feedback regarding what look did they want. The Board was given the opportunity to choose whether the rails would be vertical or horizontal and also select the color.

The Board chose to have three horizontal railings with an aluminum finish atop the concrete bridge barrier.

A decision was made – Approved (4-1)

Town Manager David Hewett said the bridge was never intended for bicycle and pedestrian traffic and putting up the railing up may give people the wrong impression. Commissioner Butler agreed with David and voted against the motion essentially saying we were creating an attractive nuisance. David asked whether the funds could be used to pave Ocean Boulevard West. Chad said the monies for resurfacing and for the bridge project are separate, so NO.

Previously reported – December 2018
Bridge Rehabilitation Project
As you may recall a couple of months ago, we presented two bridge railing options at your Commissioners meeting in reference to the Holden Beach bridge rehabilitation project, for your review and consideration. The Town chose the three horizontal rail design as shown in the attachment titled “Holden Rail Retrofit Options 1 and 2.” Upon further consideration, we requested our design consultant provide a third railing option for the bridge rail retrofit, which I have attached, titled “Holden Rail Retrofit – Option 3.” The idea for this option came from the latest Surf City bridge design, which includes a smaller vertical “picket” than the option provided at the council meeting and may provide greater visibility. The support posts in this option are modified slightly as well.

The Town’s prior decision is still a perfectly valid option and it is not our intent to complicate matters with this proposal, we just wanted to extend this option to you, since it is also being extended to Ocean Isle Beach. We are currently under contract with Coastal Gunite Construction to perform the rehab work and will need to provide them with your choice of the 3 options. If you will please review the attachments and provide us with a response by Friday, December 14, 2018, if at all possible, it will be greatly appreciated and can help the project stay on schedule.

The contract has been awarded, NCDOT plan to spend 3.3 million dollars rehabilitating the bridge, part of the High Value Bridge Program, including adding safety railings which brings the wall from 27” to 48” to meet current safety criteria. The project is scheduled to start in January and is expected to take through October of 2019 to complete. The BOC’s selected the new third option which includes two horizontal aluminum bars with thin vertical pickets.

A decision was made – Approved unanimously

The Surf City railing shown below is what we are getting minus the top horizontal bar.

Previously reported – February 2019
Planning Director Tim Evans met with the NCDOT to get more information about the project and made the presentation tonight. Most of the Towns concerns about activities being compromised during bridge maintenance project were addressed.

Previously reported – October 2019
The work on the bridge will not be finished until at least March of 2020 due to the decorative guard rail we selected. Contract was awarded October 29, 2018 with the completion date for the contract to be October 1, 2019

Previously reported – April 2020
Traffic Alert
The contractor for the Department of Transportation is scheduled, weather permitting, to remobilize on Monday, April 27th to begin the rail retrofit work on the Holden Beach Bridge. Work will be conducted 7:00 a.m. – 6:00 p.m., Mondays – Thursdays and 7:00 a.m. – 12:00 p.m. on Fridays. Drivers should expect delays due to lane closures during these times and should use caution in the work area.

Bridge Safety Railing Project
Work on the bridge safety railing has been delayed. COVID-19 restrictions have resulted in delayed fabrication and delivery of the rail. Work is scheduled to resume on June 15^th.

I am shocked – shocked – that almost no work was done on the bridge safety railing project. Let me get this straight, they are going to do the project at the busiest time of the year on the island.

You can’t make this stuff up!

Tah-Dah!

Turtle Watch Program –

Turtle Watch Program – 2020
. 1) Current nest count – 26 as of 06/20/20
. • Average annual number of nests is 39.5
. 2) First nest of the season was on May 11^th

Members of the patrol started riding the beach every morning on May 1 and will do so through October looking for signs of turtle nests.
For more information » click here

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It’s Turtle Season on Holden Beach!
It’s official…. the turtle season has started!
Turtle Watch ATV riders are out looking for tracks of the mother turtle each morning.
Turtles usually start laying their eggs on our beach mid to late May.
The first turtle nest was laid on our beach this year on May 11^th.
Last year the first nest was on May 9^th which was the earliest date ever recorded.
It will take 55-60 days for these eggs to incubate.
They anticipate the first baby turtles on the beach in early July.

Wildlife Commission provides tips to help protect sea turtles during nesting season
The North Carolina Wildlife Resources Commission (NCWRC) reminded beachgoers Thursday what they can do to keep sea turtles and hatchlings safe during nesting season. Female sea turtles come ashore and lay their eggs on the beach along the North Carolina coastline from May to September. Artificial light can deter females from coming ashore to nest and can disorient sea turtle hatchlings trying to find their way back to the ocean. Disoriented hatchlings that wander inland often die of dehydration or predation. Residents or visitors to the beach can help by turning off outdoor lights and closing blinds or draperies after dark. People walking on the beach late at night should refrain from using flashlights or cellphones.

Other tips for beachgoers to help protect sea turtles and hatchlings during nesting season include:

- - Remove all beach equipment when you leave
  - Fill in all holes in the sand at the end of the day
  - Pick up all your trash when you leave
  - Properly dispose of any fishing line (fishing line can be deadly to turtles, birds and other marine animals)
  - Do not build beach campfires during the nesting season (hatchlings have been known to crawl into the fire or ashes and die)
  - Use your natural vision and moonlight when walking the beach at night
  - Leave tracks left by sea turtles undisturbed

If you encounter a turtle on the beach at night, keep your distance and remain quiet and still. Resist the temptation to use flash photography. Sea turtle nests are usually clearly marked with red or yellow tape by volunteers. The top of the nest may be covered with fencing to help prevent predators. Six of the seven species of sea turtles found worldwide are threatened or endangered in the United Sates. All sea turtles in North Carolina are protected by both state and federal laws. Five sea turtle species reside in North Carolina waters; however, the most common species found along this coastline are the loggerhead and green sea turtle. If you find a dead or injured sea turtle on land or in the water, call the N.C. sea turtle hotline 1-(252) 241-7367.
Read more » click here

Odds & Ends –

Large great white sharks ‘converging’ off Carolinas. Is the weather a cause?
A sudden convergence of great white sharks is taking place off the Carolinas — from Cape Hatteras to Charleston — proving the apex predators are being mysteriously drawn to a tight strip off the coast. Satellite tags reveal seven great whites are within that area, with an eighth hovering at the South Carolina-Georgia border, near Hilton Head. Most (five) are sitting off Southport, near Wilmington.
Read more » click here

Tracking site » click here

Cluster of sharks in one spot off Carolinas coast grows more intense
The clustering of great white sharks off the Carolinas coast is growing more pronounced and mysterious, based on satellite tracking data shared Saturday on social media. Eight tagged great white sharks are now practically on top of each other along the border of North and South Carolina — and they represent the only sharks currently tracking along the East Coast, according to a map posted on Facebook by OCEARCH. Researchers began noticing a convergence of great white sharks off the Carolinas in late January, but the group was more spread out. Now the sharks are exhibiting a clear preference for the same spot off Southport, near Wilmington, the data shows. OCEARCH says the tagged sharks, ranging in size from 8 feet to nearly 13 feet, represent a tiny sampling of what is actually off the coast, meaning waters could be full of great
Read more » click here

Update –
There Are 15 Sharks Swarming The Outer Banks Of North Carolina Right Now
Read more » click here

Sharks of North Carolina
Read more » click here

Shark Attack
The chances of being attacked by a shark are exceedingly small compared to other animal attacks, natural disasters, and ocean-side dangers. Many more people drown in the ocean every year than are bitten by sharks. The few attacks that occur every year are an excellent indication that sharks do not feed on humans and that most attacks are simply due to mistaken identity.

Your chances of being attacked by a shark are just 1 in 11.5 million!

What Are the Odds? Long, Most Likely
Not everyone is at risk of a being bitten by a shark. 1 in 11.5 million is the rate of attacks in one year at 68 U.S. beaches and is based on attendance figures at the venues.
Read more » click here

This & That –

Staying safe at the beach: Rip currents, jellyfish, sharks, and other hazards
A trip to the beach can turn deadly (or painful) due to natural hazards but being aware of risks and mitigating hazards is a good way to prevent problems.
Picture this: warm weather, blue skies, and your toes in the sand — it sounds like a perfect lazy summer day at the beach. Maybe you decide to cool down in the ocean and find yourself bobbing around when suddenly you realize you are a little too far out. As panic sinks in and you start to swim towards dry land you realize your efforts are in vain and your whole body is getting tired, all the while you are drifting further into the Atlantic — you have gotten stuck in a rip current. It’s not the only potential danger in the ocean, though. There are also sharks. And, of course, there are some things on shore that ruin your day at the beach, too, including stepping on jellyfish and, of course, good old-fashioned sunburn.

Rip currents
According to the U.S. Lifesaving Association (USLA), 80 percent of all ocean rescues are related to rip currents and annually more than 100 fatalities across the country are due to rip currents. While it is obvious that swimming at a beach with lifeguards is one of the safer options, there are plenty of area beaches that lack lifeguards or maybe ocean rescue season has not started just yet. So, what is the best course of action for surviving a rip current? According to the National Weather Service, there are several things swimmers should keep in mind when dealing with these often-unseen dangers.

Relax. Rip currents don’t pull you under.
A rip current is a natural treadmill that travels an average speed of 1-2 feet per second but has been measured as fast as 8 feet per second — faster than an Olympic swimmer. Trying to swim against a rip current will only use up your energy; energy you need to survive and escape the rip current.
Do NOT try to swim directly into to shore. Swim along the shoreline until you escape the current’s pull. When free from the pull of the current, swim at an angle away from the current toward shore.
If you feel you can’t reach shore, relax, face the shore, and call or wave for help. Remember: If in doubt, don’t go out!
If at all possible, only swim at beaches with lifeguards.
If you choose to swim on beaches without a lifeguard, never swim alone. Take a friend and have that person take a cell phone so he or she can call 911 for help.Sharks
Sharks are a fear on most every swimmer’s mind, regardless of the actual dangers posed by the large predatory fish. “NOAA states that while shark attacks are rare, they are most likely to occur near shore, typically inshore of a sandbar or between sandbars where sharks can be trapped by low tide, and near steep drop-offs where sharks’ prey gather. While the risks are small, it’s important to be aware of how to avoid an attack,” according to previous reporting.

Suggestions from NOAA for reducing the risk of a shark attack include:

Don’t swim too far from shore.
Stay in groups – sharks are more likely to attack a solitary individual.
Avoid being in the water during darkness or twilight when sharks are most active.
Don’t go in the water if bleeding from a wound – sharks have a very acute sense of smell.
Leave the shiny jewelry at home – the reflected light resembles fish scales.
Avoid brightly-colored swimwear – sharks see contrast particularly well.Sunburns
Most everyone has experienced a sunburn at one point in their life and while not often thought as a major concern for many, overexposure to UV light can cause serious long-term problems including skin cancer. The Centers for Disease Control and Prevention (CDC) recommends using at least S.P.F. 15 sunscreen at least 15 minutes prior to sun exposure. Wearing a hat, long sleeves, and other protective clothing is also recommended to keep skin protected.

Jellyfish
Jellyfish and Portuguese Man of War have been spotted along the beaches of New Hanover County and surrounding area beaches already this season and the little floating creatures can pack a punch. Often times beachgoers will spot them washed up on shore and other times they can be spotted in the water, but it is best to avoid them when you can. “While all jellyfish sting, not all contain poison that hurts humans. Be careful of jellies that wash up on shore, as some can still sting if tentacles are wet. NOAA recommends that if you are stung by a jellyfish to first seek a lifeguard to give first aid. If no lifeguards are present, wash the wound with vinegar or rubbing alcohol,” NOAA suggests. And what about that … other method of treating stings? Turns out, it’s a myth. In fact, urine can actually aggravate the stinging cells of jellyfish, making things worse. These cells, which detach and stick into the skin of prey, can continue to inject venom. Urine, as well as fresh water, can cause an imbalance to the salt solution surrounding the stinging cells, causing them to continue to fire. According to Scientific American, if you don’t have vinegar or rubbing alcohol, rinsing with salt water may be your best bet.
Read more » click here

Portuguese Man o’ Wars wash ashore Eastern NC beaches
While finding washed up jellyfish are a pretty common part of visiting the beach, sightings of Portuguese Man o’ Wars, a creature known for its painful sting, are being reported at beaches up and down the coast. Whether they’re alive in the water or washed up in the sand, they can sting you. If you’re stung, you’ll need to get medical attention. Experts warn not to apply vinegar, vodka, or urine to the sting, and to gently remove the tentacles with a credit card. The sting is described as incredibly painful, but it’s not a life-threatening injury. Rob Condon has a PHD in marine science has studied drivers of jellyfish populations for the past 20 years and says the recent weather systems are what brought them to our local beaches. The creatures drift around in the ocean and if they get caught in a current or a breeze, they get blown ashore. Jellyfish of all kinds are important to the environment and serve as a food source for large fish and sea turtles. Condon says jellyfish populations rise and fall over a 20-year period and right now, we’re in a rising phase.
Read more » click here

Factoid That May Interest Only Me –

Resort Towns Ask: Will There Be Summer?
With Memorial Day weekend approaching, areas that rely on tourists say not reopening would be devastating economically but fear the consequences of opening too soon.

In summer resort towns across the United States, livelihoods for the year are built in the 15 weeks between Memorial Day and Labor Day. It is during those 15 weeks that tourists from around the country and the world arrive to bask on the beach and gather for festivals and weddings. And it is during those three months that tour operators, hoteliers, innkeepers, restaurant employees and others earn the bulk of their income.
Read more » click here

Hot Button Issues –
Subjects that are important to people and about which they have strong opinions

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Climate
For more information » click here

There’s something happening here
What it is ain’t exactly clear

Climate Change Is Making Hurricanes Stronger, Researchers Find
An analysis of satellite imagery from the past four decades suggests that global warming has increased the chances of storms reaching Category 3 or higher.
Read more » click here

The strongest, most dangerous hurricanes are now far more likely because of climate change, study shows
Researchers find, for the first time, a statistically significant global trend, especially in the Atlantic
Read more » click here

Development Fees
For more information » click here
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Flood Insurance Program
For more information » click here
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National Flood Insurance Program: Reauthorization
Congress must periodically renew the NFIP’s statutory authority to operate. On December 20, 2019, the President signed legislation passed by Congress that extends the National Flood Insurance Program’s (NFIP’s) authorization to December 20, 2019.

Congress must now reauthorize the NFIP
by no later than 11:59 pm on September 30, 2020.

FEMA and Congress have never failed to honor the flood insurance contracts in place with NFIP policyholders. Should the NFIP’s authorization lapse, FEMA would still have authority to ensure the payment of valid claims with available funds. However, FEMA would stop selling and renewing policies for millions of properties in communities across the nation. Nationwide, the National Association of Realtors estimates that a lapse might impact approximately 40,000 home sale closings per month.

NFIP reauthorization is an opportunity for Congress to take bold steps to reduce the complexity of the program and strengthen the NFIP’s financial framework so that the program can continue helping individuals and communities take the critical step of securing flood insurance.

The level of damage from recent catastrophic storms makes it clear that FEMA needs a holistic plan to ready the Nation for managing the cost of catastrophic flooding under the NFIP.

Flood insurance – whether purchased from the NFIP or through private carriers – is the best way for homeowners, renters, business, and communities to financially protect themselves from losses caused by floods.
Read more » click here

GenX
For more information » click here
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EPA failed to monitor GenX chemical for eight years
In 2009, the U.S. Environmental Protection Agency reached an agreement to allow DuPont to manufacture its GenX chemical at its plant in Bladen County near Fayetteville as long as it captured and destroyed or recycled 99% of the GenX the plant would otherwise emit into the air and water. But from 2009 to the end of June 2017, the EPA made no inspections to make sure the plant, now operated by Chemours Co., was in compliance with the agreement, says a report issued Thursday by the EPA’s Office of Inspector General. Until June 2017, the EPA relied on information provided to it by Chemours to verify that the plant was in compliance with the agreement, the report says. The first inspections were done after the StarNews of Wilmington reported there was GenX in drinking water supplies of communities along the Cape Fear River downstream of the factory.
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Homeowners Insurance
For more information » click here
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Hurricane Season
For more information » click here

Busy Atlantic hurricane season predicted for 2020
Multiple climate factors indicate above-normal activity is most likely
An above-normal 2020 Atlantic hurricane season is expected, according to forecasters with NOAA’s Climate Prediction Center, a division of the National Weather Service. The outlook predicts a 60% chance of an above-normal season, a 30% chance of a near-normal season and only a 10% chance of a below-normal season. The Atlantic hurricane season runs from June 1 through November 30.
Read more » click here

2020 Atlantic Hurricane Season Fast Facts
The 2020 Atlantic hurricane season runs from June 1 to November 30. The areas covered include the Atlantic Ocean, Gulf of Mexico, and the Caribbean Sea.

The National Weather Service defines a hurricane as a “tropical cyclone with maximum sustained winds of 74 mph (64 knots) or higher.”

Hurricanes are rated according to intensity of sustained winds on the Saffir-Simpson Hurricane Wind Scale.

The 1-5 scale estimates potential property damage.

A Category 3 or higher is considered a major hurricane.

The National Hurricane Center advises preparedness:

- A hurricane watch indicates the possibility that a region could experience hurricane conditions within 48 hours.
- A hurricane warning indicates that sustained winds of at least 74 mph are expected within 36 hours.

Read more » click here

How cities along the US coast are preparing for a hurricane season like no other
When disaster strikes, state emergency officials prepare for the worst-case scenarios. But most plans don’t include a hurricane season coinciding with a ravaging pandemic that drains resources and shows no signs of slowing down.

As hurricane season officially starts Monday, Florida and other states along the Atlantic coast are faced with the daunting reality and are rewriting nearly every aspect of their storm preparedness. With predictions of a busy hurricane season, officials are changing their pleas from remain indoors to combat coronavirus — to leave home and go to shelters when asked to evacuate. “The biggest challenge that we’re facing is that when the evacuation order comes, that the people won’t leave,” said Frank Rollason, director of Emergency Management at Miami-Dade County. “That they’ll think they’re better off taking their chances at home than they are in groups of people who may be Covid positive. If they are ordered to evacuate, they are safer in an evacuation center than in their home in an evacuation zone. “

Evacuations will be more complicated
By all indications, it’ll be a busy hurricane season. Two tropical storms — Arthur and Bertha — have already checked in this month even before the season officially started. Under normal circumstances, the decision to evacuate as a storm looms is hard enough. Emergency officials have to weigh the risks of letting people stay home versus urging hordes of them to get on the road to head to a shelter. This year, officials are aware coronavirus is a major concern, and have added more shelters, extra space, and other measures to reassure evacuees. “Those going to shelters will get their temperatures taken and will have to answer questions on whether they’ve had contact with anyone who has coronavirus or whether they’ve had symptoms,” Rollason said. At shelters, officials will ensure people are spread out. Some will be housed in complexes such as schools or hotels with low occupancy. The county has made arrangements with schools to have classes deep-cleaned and furniture removed to provide more room, he said. “Families that have been exposed to Covid-19 will be separated from others and put in a classroom as a unit,” Rollason said.

Hundreds of hotels will house evacuees
The state has also signed up 200 hotels to give counties options for vulnerable people such as seniors, those who have underlying conditions or people who may have coronavirus, said Jared Moskowitz, the Florida director of Emergency Management. “I need people to have the confidence that in the event they live in an evacuation zone and they’re under mandatory evacuation. And there’s a threat of a hurricane … they have the confidence to leave and get out of harm’s way. We can mitigate the effects of Covid-19. We cannot mitigate the effects of a hurricane,” he said. For those who will shelter in places other than hotels, cots will be spaced farther apart, and hand sanitizing stations placed throughout. Meals will be taken to families instead of self-service, and there will be screenings twice a day for symptoms, said Trevor Riggen, senior vice president for disaster cycle services at the American Red Cross.

Florida ordered nursing homes and assisted living facilities to install generators after a dozen people died when Hurricane Irma knocked out power at a nursing home in 2017. Nursing homes in areas at risk of flooding will work with the state to move residents to facilities out of the storm’s path, where social distancing will also be considered, officials said.

Getting supplies is also a concern
Coronavirus has sapped resources, leaving small towns fighting with bigger cities for coveted personal protective equipment. The items are not just for hospitals but also for volunteers. “Are they going to show up if there isn’t enough PPE for everybody? We can’t really depend on folks to bring their own,” said Colin Wellenkamp, the executive director of the Mississippi River Cities and Towns Initiative. Personal protective equipment is also crucial to ensure that the virus does not spread in areas already at-risk during hurricane season. In Florida, the Emergency Management director said they created a special stockpile for hurricane season by buying up PPE and putting it in reserve in a warehouse. The goal is to make sure there are 10 million masks on hand during hurricane season, Moskowitz said. Federal officials have urged people to make their own preparations as well. Those who will evacuate should carry items such as hand sanitizer, cleaning materials and face coverings. “Make sure everyone in your household knows and understands your hurricane plan,” the Federal Emergency Management Agency says. “Have enough food, water, and other supplies for every member of your family to last at least 72 hours. Consider what unique needs your family might have, such as supplies for pets or seniors and prescription medications.”

Shortage of volunteers expected this year
The Red Cross will provide a bulk of help at shelters, officials say. More than 90% of the Red Cross’ workforce is volunteer, and the organization has been conducting weekly surveys to gauge their willingness, Riggen said last month. The availability and safety of volunteers is especially a concern in small towns and cities that dot the Mississippi and Missouri rivers. For example, Clarksville, Missouri, one of those vulnerable cities on the Mississippi River, has around 500 residents. And one of its main streets is just feet from the river. With a permanent flood barrier out of financial reach, Clarksville officials work with FEMA, state, and local officials along with volunteers from all over the country to defend against floods by building an eight-foot rock wall topped with sand bags. But this year, it’s facing a volunteer shortage due to coronavirus. And even if they had enough, building a wall while keeping people six feet apart to avoid the spread of coronavirus is not realistic. With a shortage of volunteers, local officials should explore other options beyond bringing people in from the outside to provide relief, said Craig Fugate, a former FEMA director who oversaw the response to large disasters like Superstorm Sandy. With mass job losses because of the coronavirus, officials should look into paying residents in affected areas to help with the response, he said. “Moving a lot of volunteers may not be a smart idea, so I think communities need to look to their current furloughed employees as their emergency workforce,” Fugate said. “There’s a whole lot of people that just lost their jobs, and you can put them to work.”
Read more » click here

Hurricane season crashes into a pandemic
How will North Carolina fare if a hurricane and COVID-19 are raging at the same time?
Most coastal North Carolina residents are hurricane veterans, experts even, taught by that best of teachers — experience. But when it comes to dealing with a hurricane in the midst of a pandemic, we’re all rookies — even those leading the response. That is weighing heavy on the minds of emergency-response officials as a hurricane season like no other begins Monday, June 1, and runs to Nov. 30. (There already have been two named storms in the Atlantic, but meteorologists say that is not unusual and doesn’t in itself portend a busy season — although that’s what was forecast earlier this year.) In past hurricanes, vital relief has come from state and federal agencies and organizations — both private and public. Many of those groups remain overwhelmed with the COVD-19 response — both financially and operationally. Perhaps the biggest concern is how to provide evacuation shelters with social-distancing requirements in place. Of course, if a hurricane were to hit late in the season, those restrictions may already have been lifted. But with the coronavirus on its own unpredictable track and an early season storm possible, a double dose of emergencies can’t be ruled out. And as coastal residents think about tasks like boarding up windows or securing boats, those living inland know that they are not immune from tropical weather — storms such as Floyd (1999), Matthew (2016) and Florence (2018) all produced devastating and deadly flooding far from the coast. Meanwhile, the entire nation’s emergency-response system remains under the strain of dealing with a pandemic. Mike Sprayberry, N.C.’s director of emergency management, told The Atlantic that he hadn’t had a day off in nearly 40 days — and that was a week ago. If a coastal area were to be hit by a major hurricane, people and organizations from other states may not have the ability to help as they have in the past. There’s also concerns for after a storm, when large groups of volunteers have gathered in the past to help with recovery and long lines can form at sites distributing food and water. And what about groceries? Stores have beefed up staffing levels to deal with the unique demands of the pandemic, but the problem has more often been a lack of certain essential items. Can the already-often-bare toilet tissue, paper towel, disinfectant and meat aisles handle a hurricane? Then there’s another piece to the unpleasant possibility of a major hurricane strike. Although the financial toll from COVID-19 on local governments and agencies is still playing out, there’s no question that anticipated tax revenues are going to take a hit. Governments are not anticipating any outside funding to make up for lost revenues and emergency funding after hurricanes can come long after the storm is over. (New Hanover Schools, which had many facilities with structural damage and mold, recently received $3 million from the Federal emergency Management Agency (FEMA) to reimburse repair costs). After a hurricane, school systems and other government entities often have expensive repairs and other tasks — such as debris removal — that can’t wait on FEMA and other relief sources. They are often paid for out of fund balances — essentially their savings. So, the impact that COVID-19 revenue losses has on budgets could play a role in any hurricane response. Many places in North Carolina haven’t recovered from Hurricane Matthew, much less Florence. The idea of a Florence-type storm while COVID-19 is still raging is almost unimaginable. “That’s our nightmare scenario,” said Bill Saffo, mayor of Wilmington, which suffered massive damage from Florence and more than 1,000 people in emergency shelters. “We’ve been thinking about it from the time this all started,” Saffo said in April as the virus was gathering steam in North Carolina. “It would be the perfect storm for all of us.”
Read more » click here

Inlet Hazard Areas
For more information » click here
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Lockwood Folly Inlet
For more information » click here
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Seismic Testing / Offshore Drilling
For more information » click here
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Solid Waste Program
For more information » click here
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Things I Think I Think –

Eating out is one of the great little joys of life.

Restaurant Review:
Dinner Club visits a new restaurant once a month. Ratings reflect the reviewer’s reaction to food, ambience and service, with price taken into consideration.
///// January 2020
Name:             Rivertown Bistro
Cuisine:          Seafood
Location:       1111 3^rd Avenue, Conway SC
Contact:         843.248.3733 / https://www.rivertownbistro.com
Food:               Average / Very Good / Excellent / Exceptional
Service:          Efficient / Proficient / Professional / Expert
Ambience:     Drab / Plain / Distinct / Elegant
Cost:                Inexpensive <=17 / Moderate <=22 / Expensive <=27 / Exorbitant <=40
Rating:           Four Stars
Located in the Historic District of downtown Conway, South Carolina, Rivertown Bistro offers unmatched atmosphere and unequaled culinary fusions. The food is outstanding, a tremendous value with prices being very moderate for the quality of the food served. It is one of the few area restaurants that offer creativity, quality, and atmosphere comparable to fine dining restaurants in major metropolitan areas. This is far above most of the other restaurant offerings in Myrtle Beach. It’s too bad that it’s over an hour away but definitely worth the trip. If you are going to try one new restaurant this should be the one you should go to. It’s the cat’s meow!

NC restaurants opened their doors again
Restaurants, which previously had only been allowed to offer takeout, can now open their dining rooms at 50% capacity, as long as social distancing and other guidelines are followed. Tables must be spaced out six feet apart, and shared spaces and surfaces must be cleaned constantly.

Book Review:
Read several books from The New York Times best sellers fiction list monthly
Selection represents this month’s pick of the litter
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THE OTHER MRS. by Mary Kubica
A Chicago family moves to an island in Maine when the husband inherits an old house from his sister. What was supposed to be a fresh start for the doctor and her family becomes a living nightmare. It is a convoluted psychological thriller, narrated by a trio of seemingly disparate female voices in interspersing chapters. Netflix will turn the book into a feature film with Kubica producing.

.That’s it for this newsletter

See you next month

Lou’s Views . HBPOIN

.          • Gather and disseminate information
.          • Identify the issues and determine how they affect you
.          • Act as a watchdog
.    • Grass roots monthly newsletter since 2008

https://lousviews.com/

05 – Town Meeting

Lou’s Views

“Unofficial” Minutes & Comments

BOC’s Budget Workshop 04/23/20

Board of Commissioners’ Agenda Packet » click here NA

Audio Recording » click here

Due to coronavirus, the depth and the duration of the economic downturn are extraordinarily uncertain, revenue will be affected. Town Manager Hewett does not expect a major budget hit this fiscal year which ends June 30. However, David anticipates a decline in both property tax and occupancy tax revenue for our next fiscal year potentially creating a huge budget gap. It is pretty hard for them to forecast with so many unknown variables. One of the Town’s largest source of revenue is the occupancy tax, with fewer tourists anticipated there will be less revenue in the pipeline. The sixty-four-dollar question is just how much less revenue to plan for. Local governments must balance their budget, the loss of revenue will need to be addressed by reducing expenses, tapping reserve funds or increasing taxes. None of these options seem particularly good. At this point in time, they are attempting to maintain services at their current level without taking any extreme measures. Since the Town faces unprecedented uncertainty regarding budget revenues in the coming fiscal year, they may need to amend the budget at some point in the future.

§159-15. Amendments to the budget ordinance.
Except as otherwise restricted by law, the governing board may amend the budget ordinance at any time after the ordinance’s adoption in any manner, so long as the ordinance, as amended, continues to satisfy the requirements of G.S. 159-8 and 159-13. However, except as otherwise provided in this section, no amendment may increase or reduce a property tax levy or in any manner alter a property taxpayer’s liability, unless the board is ordered to do so by a court of competent jurisdiction, or by a State agency having the power to compel the levy of taxes by the board.

Holden Beach revisits budget fashioning for wake of COVID-19
“It’s really putting a budget together that’s not going to look much different from last year’s and let’s just see what the numbers show. That’s what it looks like. There’s not many things to take out at this point,” Commissioner Pat Kwiatkowski concluded at the end of the Holden Beach Board of Commissioners special meeting, held on Thursday, April 23. The special meeting was held in regards to the town’s budget workshop. With the current state of affairs, due to coronavirus, Holden Beach has lost six weeks of budget processing time and is facing financial strains. Town Manager David Hewett served alongside the board in his position as Finance Director, guiding them in budgetary action for the approaching fiscal year. Hewett said the town needed to adopt a budget ordinance no later than July 1. Hewett is required to render a budget request to the commissioners no later than June 1 and department heads must submit their revenue projections no later than the end of April. While the board presented goals and objectives prior to the spring season, COVID-19 has created chaos. “By the mere fact that COVID has arrived, many of those objectives have been overcome by that happening,” Hewett said. Hewett fears the tourism revenue will be affected. Waiting for reopening of schools and retails has caused the budget team to play the game of “what ifs” in moving the spreadsheet around. As a result, Hewett advised the board that they would need to make up for the shortfalls of the spread balance.
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Budget Timeline

- May Budget Message
- June Public Hearing
- June Regular BOC’s Meeting Adopt Budget
- June Budget adopted no later than July 1^st

Local governments must balance their budget by a combination of the following:

1. 1. Raising taxes
  2. Cutting spending
  3. Operating more efficiently

Ensuring that government commitments are in line with available resources is an essential element of good governance.

The Town Manager’s proposed budget is due by June 1^st

Commissioners must adopt budget no later than July 1^st for the next fiscal year

Adopting the annual budget is a primary responsibility of the Board.

BOC’s Special Meeting 04/30/20

Board of Commissioners’ Agenda Packet » click here NA

Audio Recording » click here

1. Review and Evaluate Status of emergency Operations of the Town – Mayor Holden

The Declaration of State of Emergency has been amended again. The Town will immediately open both the public parking and the public accesses to its beach. There are no restrictions of activities on the beach currently in place. The Town will also allow rentals starting on May 8th, the same day the state could enter into phase one of their reopening plan.

North Carolina gets an F in social distancing, data show.
These counties are the worst
North Carolina received a failing grade in social distancing, a study found. The study, done by Unacast, gives each state and the country a grade of A through F, which is updated daily based on three different metrics of social distancing analyzed using location data. North Carolina was one of the nine states to get an F grade on Wednesday. Social distancing has been cited as a way to slow the spread of COVID-19, with experts urging people to stay at least 6 feet apart when out in public. North Carolina residents have been under a stay-at-home order since late March; some businesses have been ordered to close; and other measures to enforce social distancing have been implemented. As of Wednesday afternoon, the state had more than 10,000 confirmed cases and 379 deaths, according to The News & Observer’s count, which includes data from state and county health departments. But North Carolinians still haven’t been practicing social distancing like they should, the study suggests. The three factors analyzed in the study were reduction in average mobility, reduction in non-essential visits and decrease in human encounters. The state saw a 25 to 40% reduction in average mobility, earning it a D grade. It had less than 55% reduction in non-essential visits and a less than 40% decrease in encounters, earning F’s in both categories. Some counties in the state fared better than others. None got an A, but five received a B or B-. Tyrrell County came out on top, the study found. The county is the least populous in the state as of the most recent census data and has only reported four cases of the coronavirus. Other counties that got a B or B- were Camden, Warren, Hyde and Gates counties. All are among the lesser-populated, more rural counties in the state and all had less than 10 reported cases of COVID-19 as of Wednesday. Of the state’s 100 counties, 39 received an F. They include: Guilford, Burke, Wilson, Alexander, Gaston, Iredell, Henderson, Buncombe, Wilkes, Rowan, Cumberland, Onslow, Pasquotank, Forsyth, Cabarrus, Union, Johnston, Catawba, Alamance, Wayne, Nash, Caldwell, Haywood, Brunswick, Lincoln, Richmond, McDowell, Davie, Rutherford, Randolph, Surry, Cleveland, Scotland, Stanly, Lee, Davidson, Harnett, Lenoir and Rockingham. The list includes a mix of more populated and rural counties in the state, but many, including Guilford, Buncombe, Forsyth and Cumberland, are among the states most populated. Rockingham County, which ranked last, has a population of about 91,000 per census data. The county had 25 reported cases of coronavirus on Wednesday, which is 2.75 per 10,000. The counties that ranked in the bottom five, Lee, Davidson, Harnett, Lenoir and Rockingham, all have more than 100 reported COVID-19 cases, with the exception of Lenoir, which has 60. The state’s two most populated counties, Mecklenburg and Wake both received a D. Measuring social distancing isn’t necessarily one size fits all, as the baseline in rural areas is much lower than in heavily populated areas, the study says. So, researchers incorporated the human encounters metric to grade by absolute values instead of change. “What matters is how many people were in the same place at the same time, regardless of how much it changed from the past,” the study says. Most of the states that received an F grade were concentrated in the Southeast. Georgia came out on the bottom, behind South Carolina and North Carolina. Nevada received the best grade, a B-. Overall, the country scored a D.
Read more » click here

State of Emergency – Timeline

05/22/20
Governor Cooper signed Executive Order No. 141 which is a transition to Phase 2 of a three-part plan to reopen North Carolina amid the coronavirus pandemic went into effect at 5 p.m. Friday, May 22. The Governor announced that they are lifting the Stay at Home order and shifting to a Safer at Home recommendation. Click here to view the Executive Order details.

05/18/20
Public restroom facilities are now open. Click here to view Amendment No. 8.

This amended declaration shall remain in force until rescinded or amended.

05/08/20
Governor Cooper signed Executive Order No. 138 to modify North Carolina’s stay-at-home order and transition to Phase 1 of slowly easing certain COVID-19 restrictions. Phase 1of Governor Cooper’s three-part plan to reopen North Carolina amid the COVID-19 coronavirus pandemic went into effect at 5 p.m. Friday, May 8. It’s the first step in the state’s gradual return to normalcy. Phase two is expected to begin two to three weeks after phase one, given that certain conditions are met. Click here to view the Executive Order details.

04/30/20
Having consulted in an emergency meeting with the Board of Commissioners, the terms of the State of Emergency have been amended. Highlights include the following: rentals may resume as of May 8th; and public parking and public accesses are open immediately. All other restrictions remain in full force. Click here to view Amendment No.7.

04/19/20
Item #9 of the existing Town of Holden Beach State of Emergency, which was made effective on April 8, 2020 at 11:59 p.m., shall hereby be rescinded at 12:00 p.m. (noon) on Tuesday, April 21, 2020. This action will thus allow the beach strand to be open for the purpose of exercise and relaxation. No congregating shall be allowed. All other parts of the current declaration of emergency shall remain in effect. Click here to view Amendment No. 6.

04/08/20
Emergency Management Director, in consultation with the Commissioners, have decided to close the beach strand effective Wednesday, April 8 at 11:59pm. Today’s Amendment No. 5 is being added to the existing Declaration of the State of Emergency. Any person who violates any provision of this declaration or any provision of any Executive Order issued by the Governor shall be guilty of a Class 2 misdemeanor which carries a maximum penalty of sixty days in jail and up to a $1,000 fine per offense. Click here to view Amendment No. 5.

04/01/20
Town of Holden Beach has declared a State of Emergency, Amendment No. 4 is an attempt to define the purpose of the original declaration more clearly (no new tenancy).
Click here to view Amendment No. 4.

03/31/20
The State of Emergency for the Town of Holden Beach has been amended to coincide with Governor Cooper’s Stay at Home Order. Click here to view the Amendment No. 3.

03/27/20
Governor Cooper announces Executive Order No. 121, state-wide Stay at Home Order. Click here to view the Executive Order details.

03/27/20
The State of Emergency for the Town of Holden Beach has been amended regarding short-term rentals. Click here to view the Amendment No. 2.

03/23/20
The State of Emergency for the Town of Holden Beach has been amended regarding prohibitions and restrictions to be implemented within the Town of Holden Beach. Click here to view the Amendment No. 1.

03/23/20
Mayor Holden, with the consensus of all five commissioners, has declared a State of Emergency for the Town of Holden Beach. Click here to view the Declaration.

Coronavirus Information
The Town Hall is currently open during normal business hours. All activities, with the exception of Board of Commissioners’ meetings, scheduled in the Town Hall Public Assembly and conference rooms and the Emergency Operations Center conference rooms are canceled until further notice. The Town encourages residents to follow social distancing protocols and to seek communication options like phone, email and other online resources to limit exposure to others.

Brunswick County has developed a dedicated webpage for community assistance. Click here to view their website. Remember to seek the most verified information from sources likes the CDC, NC DHHS and the county regarding the coronavirus. You can contact the Brunswick County Public Health Call Line at (910) 253-2339 Monday – Friday, 9:00 a.m. – 5:00 p.m. You can also email them at coronavirus@brunswickcountync.gov. The NC Public Health Call Line can be reached at 866-462-3821 (open 24/7).

The situation is serious; take it seriously!

BOC’s Regular Meeting 05/19/20

Board of Commissioners’ Agenda Packet click here

Audio Recording » click here

1. Discussion and Possible Action on Generator for Town Hall –
Town Manager Hewett

Agenda Packet –
Informal pricing for procurement of a replacement Town hall generator has been obtained from three power production firms. They are Gregory Poole, James River and Western Branch. Categorical costs by vendor for equipment, installation, warranties, and maintenance programs are included in the decision selection matrix at Atch 1.

Subject to Board discussion an appropriate motion would be:
“Approve purchase of generator per (VENDOR NAME) proposal with additional warranty of (TO BE DETERMINED) years/conditions in addition to the specialty maintenance services for Load Bank testing, fuel polishing and the automatic transfer switch as may be appropriate.”

Regardless of which genset configuration is selected there is no requirement for any budgetary action in this current Fiscal Year since adequate funding has already been appropriated; however, due the long lead time for procurement and the lateness in the fiscal year of potential vendor selection the BOC will have to reappropriate funds in the upcoming budget to comply with the Fiscal Control Act.

Previously reported – September 2019
Town Hall genset is history
Discussing options – repair cost / noise level / location are all issues being considered

Previously reported – January 2020
Returned rental to vendor, no budget allocation for backup power generator
Right Angle working on proposal for a permanent solution

A generator set, also known as a genset, is the combination of an electrical generator and an engine mounted together to form a single piece of equipment that produces electrical power. … Generation sets are used in sites that are not connected to the power grid or to supply emergency power when the grid fails.

Editor’s Note –
Why does the Town Hall need a genset?
Don’t we have a genset at the EOC?
Isn’t the EOC where they would be for long term outages like storm events?
These things are not cheap, and we rarely have power outages.

Previously reported – March 2020
Agenda Packet –
Preliminary Engineering Report for Standby Diesel Generator Relocation

Presented with three (3) options as follows:
#1 Near water tank area – 550 feet away $245,650
#2 In the triangle town property – 100 feet away $134,010
#3 At existing location with sound absorbing enclosure $197,400

Town Manager Hewett presented the three options.

Commissioner Murdock took the point and made a very convincing fact-based case that none of these options made sense.

He asked the following questions:
. 1) Why do we even need a generator for the Town Hall?
.    • THB has required a power source for less than six (6) hours over the last ten (10) years excluding two (2) storm events
. 2) Why is Town Hall considered a critical facility?
.    • We have an Emergency Operation Center that already has a generator
. 3) If we do require a generator, then why do we need a permanent unit?
.    • Unit costs a ton of money and we can rent a unit when we need one
. 4) Why do we need a 300-kilowatt unit?
.    • BEMC says that a unit a fraction of that size will suffice

Commissioner Sullivan pointed out that there is an exception in our noise ordinance that the government is exempt which represents a $100,000 difference in the cost if we don’t need a sound absorbing enclosure. The Board agreed that the Town Manager needs to do additional legwork and they tasked him with five action items. Everyone recognized the need to be prepared but were not ready to spend a couple hundred thousand without exploring other options.

No decision was made – No action taken

You have to ask: why didn’t our Town manager ask any of these questions? Extremely impressed with Commissioner Murdock who was really prepared and challenged the proposed action. Kudos!

Previously reported – April 2020

Supplemental Agenda Packet » click here

BOC’s Directive
Have the Town Planning and Inspections Director prepare a document that defines what a critical facility is and whether or not Town Hall meets the criteria. Include the citations from government regulations, ordinances, codes etc. that address the classification of a critical facility.

Have the Town Planning and Inspections Director advise the Town Manager and BOC on whether a backup generator or power source must be permanently affixed to the critical facility or, in the alternative, can the backup generator or power source be readily accessible on an as needed basis?

Request Brunswick Electric perform an assessment of the electrical needs for Town Hall including the recommended size of a backup generator.

Based on the findings and recommendations of the Brunswick Electric assessment, and within the legal constraints imposed on purchases, provide information on the cost of electrical equipment that would satisfy the electrical power needs of Town Hall

Town Hall Designation and Generator Requirements
At the 17 March 2020 regular monthly meeting of the Town of Holden Beach Board of Commissioners the following 4 (four) tasks for Town Manager action were set forth (Att. 1) to assist them in evaluating options available related to the purchase of a generator for Town Hall. Each task is enumerated below with its corresponding response. Target completion date was 3 Apr in order to be addressed at the April 21 Board of Commissioners’ meeting.

Task 1.
Have the Town Planning and Inspections Director prepare a document that defines what a critical facility is and whether Town Hall meets the criteria. Include the citations from government regulations, ordinances, codes etc. that address the classification of a critical facility.
Response:
FEMA guidelines specifically talks about the need to consider police stations and structures that are important (i.e., critical) in the recovery of a governmental entity such as a municipality. The criterium for this does not mitigate occupancy during an event but does inclusively state the structure should be considered and prep for the recovery even after reconstitution. The current town hall more than meets those facility requirements. Having those structures in place and protecting them under the town floodplain ordinance is also qualification for points under the CRS program and being prepared for minimum impact and maximum recovery is important under any emergency or natural disaster. The following sources were used to determine the Town Hall as a critical facility, the authority having jurisdiction must use article 708 of the NEC to determine under the Critical operation Guidelines as to whether a building or facility should be classified and wired for Critical operations, one of several of those criteria is natural disasters and the impact of the loss of the facility. As the authority having jurisdiction it was my predecessor’s decision, but I can concur it was the right decision. The second source of requirement is that the local government entity has so designated in the Hazard Mitigation plan that the Town Hall is a Critical Facility and by applying it as such, applied it to the NFIP which in turn looks at it has a point critical component of re-constitution.

Task 2.
Have the Town Planning and Inspections Director advise the Town Manager and BOC on whether a backup generator or power source must be permanently affixed to the critical facility or, in the alternative, can the backup generator or power source be readily accessible on an as needed basis?
Response:
The Town hall was designated as a critical facility based on the current definition as established under FEMA guidelines and by doing so the structure was designed to accommodate the very worst-case scenario by the designing architect and engineers (Stewart Cooper Newell), who specifically designed such for both FEMA and the North Carolina Building Code/ National Electrical Code requirements.

North Carolina Building Code requirements requires that the life safety equipment, egress lights and egress components and Fire Apparatus be fully functional in the absence of primary power. Chapter 32 of the North Carolina Building code specifically states accessible egress elevators must have emergency backup powerand while this could be achieved by some alternate means – the egress lights and fire safety equipment must also be considered

The engineers who originally designed the structure designed it based on the critical facility criterion and made the entire structure, as was required under the North Carolina NEC, to comply with the backup power requirements. In a nutshell the entire electrical system within its main components cannot be rewired without tremendous cost to accommodate just the life safety equipment if the Town so chooses to remove the critical facility designation. This course of action would require a complete rework of the electrical components and would not be cost effective, and under the NEC and COPS criteria would require my approval acting in the Capacity of the Chief Building Official. So yes, the generator must be permanently attached to the Structure.

Task 3.
Request Brunswick Electric perform an assessment of the electrical needs for Town Hall including the recommended size of a backup generator.
Response:
In the process of gathering the information for the commissioners, staff engaged with two electrical engineers (Debra Fish- BEMCO and Allen Cribb- CBHF Engineers, PLLC) and spoke with the original designer of the structure. Mr. Cribb’s written analysis is at Att. 2. Both outside engineers and I reviewed the electrical load over a three-year period and concluded that the maximum usage provided indicated that the generator is oversized considerably. Two engineering firms and two separate generator companies’ evaluations indicated that a 50 percent reduction in the original generator design would be more indicative of the electrical loads applied for a critical facility under the National Electrical Code.

Task 4.
Based on the findings and recommendations of the Brunswick Electric assessment, and within the legal constraints imposed on purchases, provide information on the cost of electrical equipment that would satisfy the electrical power needs of Town Hall.
Response
Informal solicitations have been acquired that indicate that a generator of sufficient size can be acquired and installed turn key with necessary replacement of the transfer switch for less than $1OOK. Lead times can take up to 12 weeks or longer to acquire the power plant and equipment with installation subject to labor availability. Currently the Town is being supplied back up power capability via a rental 150 kw genset costing approximately $3000/month and which has been procured for 10 more weeks as of this writing.

Town Planning and Inspections Director Tim Evans handled this agenda item, briefly covering the supplemental agenda packet material. Abridged version is that Town Hall should be designated as a critical facility and Timbo explained why.

Takeaways:

1. A fifty (50) percent reduction in the original generator design would be adequate
2. A generator of sufficient size can be acquired and installed turn key for less than $100,000
  * Board made an allocation of funds totaling $209,818 for genset replacement
3. Currently back up power capability via a rental 150 kw genset costing approximately $3,000/month

Allocation of funds was not an appropriation; Town Manager still needs authorization before funds can be spent. David requested that they allow him to procure generator, in other words delegate contract authority to him. At least some of the Board were not having any part of that and instructed him to present the bids to them for approval as it should be.

Update –
Previously Town Manager Hewitt has said that they were not required to accept the recommendation or the lowest bid as long as they select a vendor that was responsive to the bid request. Due to the sense of urgency the informal pricing proposals were difficult to compare apples to apples. The Board requested the Town Manager get additional information so a decision could be made at the next scheduled Budget Workshop meeting.

No decision was made – No action taken

2. Discussion and Possible Scheduling of a Date to Hold a Public Hearing on the Proposed Budget for Fiscal Year 2020 – 2021 – Town Clerk Finnell

Agenda Packet –
The Board is required to hold a public hearing prior to adopting the budget.
Staff recommends the Board schedule the public hearing to be held on June 16^that 7:00 p.m.

A Budget Workshop was scheduled for Thursday, May 28^thPublic Hearing is scheduled at the beginning of the BOC’s June Regular Meeting
Because of pandemic restrictions they cannot enact the budget for at least twenty-four (24) hours after Public Hearing

A decision was made – Approved unanimously

3. Police Report

It’s the beginning of the busy season on Holden Beach
Memorial Day is the official kickoff for the 100 fun days of summer

Public Safety Announcement

Crime Prevention 101 – Don’t make it easy for them
Don’t leave vehicles unlocked
Don’t leave valuables in your vehicles

Police Department Staffing
.

Previously reported – March 2020
Classification and Pay Plan – implemented
Management and Personnel Services Group

Option 1 –
Employee salaries are placed in the range to meet the following criteria:

- At least to the new hiring rate for the recommended salary grade for employees who have not completed probation
- At least to the minimum of the range for employees who have passed probation
- 1% per year of service above the minimum for employees who have been employed more than 1 year

The Pay Plan ostensibly was supposed to make compensation competitive and address inequities. MAPS claimed that making our compensation competitive was supposed to help with employee retention. Yet our most at-risk employees leaving are our Police Officers who can pretty much get a job almost anywhere else in Brunswick County for more money. None of the officers are getting paid adequately based on the criteria set in Option 1.

Two of the three officers below the hiring rate / minimum
have already tendered their resignations

Current budget covers only eight (8) officers which are really not adequate to meet our needs. Most homeowners are under the misconception that we have two police officers on duty at all times; in order to provide that level of service we would need thirteen (13) officers. In addition, when we benchmark off of the surrounding beach communities, we are grossly understaffed particularly during tourist season. The Police in order to be effective need to have high visibility with an increased presence, especially during prime tourist season, to enforce ordinances and to ensure the public safety.

Let’s see The Town of Holden Beach has 575 permanent residents and employs eight (8) full-time officers and zero (0) part time officers. By contrast, The Town of Ocean Isle Beach has 554 permanent residents and employs thirteen (13) full-time officers and ten (10) to fifteen (15) part-time officers during the season on beach patrol.

Which police force do you think is able to provide a safe,
friendly environment for everyone?

Update –
While the police department currently has eight (8) officers it’s a temporary situation

- officer has tendered their resignation leaving before prime tourist season
- officer temporarily reinstated leaving some time during tourist season
- officer on administrative duty and will be leaving for medical reasons

So that brings us down to five (5) officers not even taking into account any unforeseen events like accidents or sickness.

This is a dangerous situation for all parties – officer, residents, and tourists

4. Town Manager’s Report

Inlet Hazard Area
Submitted Town’s positions to the Coastal Resource Commission (CRC)
ATM our coastal consulting engineer provided a technical memo to support our position
Meetings have been canceled; everything has been tabled for the time being

Personnel
Edwin Roman one of our police officers has tendered his resignation
. * resignation effective date is the end of June

Sewer Lift Station #3
Progress meeting scheduled for next week

Roadway Work
Highland Paving was awarded the $112,500 contract for the BAW project
Paving work has been completed

LWF Inlet Navigation Maintenance Project
Inlet crossing maintenance project dredging sidecaster operations were completed
Hopper dredging status is unknown at this time

FEMA / COVID-19
Submitted overtime and equipment Cat B reimbursement request for $20,000
Previously submitted supplies and materials reimbursement request for $42,000

FEMA / Storm Events
Total Cat G beach nourishment funding is now close to $40 million dollars
Five projects in play, full time administrative effort is ongoing
Not helping the situation, we are on our eighth FEMA Project Manager

Dorian
Federal declaration was made for Hurricane Dorian that includes coastal communities in Brunswick County. Town has estimated approximately $14.9mm for Cat G FEMA reimbursements. We are awaiting approval of the Project Worksheet.

Beach Nourishment
Previously reported – January 2020
The sand search continues. The hydrography survey and vibracores have been completed. However, we were told that an archeological side beam scan is required before we can submit for permit modification. Offshore investigation is moving forward expecting that it will be completed soon.

Previously reported – April 2020
Bad weather has compromised bathymetry, the measurement of depth of water
Now looking at May / June completion date

Update –
Working on requirements for archeological survey
Plan to submit permit sometime in June

Special Obligation Bond Legislation
Previously reported – April 2020
Enabling legislation has been inadvertently removed
Efforts are being made to reinstitute that capability
We both want and need it, this is important to us

Legislative Error Wipes Out Bond Program
Coastal officials said a legislative error last year eliminated a key funding mechanism for beach renourishment and other public projects, which if not fixed could have a big impact on future plans. Last June, in a unanimous vote in both chambers, the North Carolina General Assembly passed Senate Bill 381, Reconstitute and Clarify Boards and Commissions, a rewrite of laws for a handful of state boards and commissions affected by a successful executive branch legal challenge to having boards with a majority of legislative appointments. Tucked into the 14-page bill was a one-sentence repeal of Chapter 159I of the state’s general statutes. The repeal eliminated as intended an obsolete board that was in part of the chapter law, but it also deleted authorization for municipalities to use special obligation bonds to finance projects in several categories, including beach renourishment, landfills, transportation, water and wastewater projects, and downtown improvements.

At least one sponsor of last year’s bill said he will work on a fix when the legislature returns at the end of the month for its short session. “The repeal of special obligation bonds was not my intent in sponsoring S381 last year,” Mike Woodard, D-Durham, wrote in an email to Coastal Review Online. “I will work with our local governments to fix this situation when the short session begins.” A legislative staff reply to Rep. Chuck McGrady, R-Henderson, who asked about the change, also said the change appeared to have been “inadvertent and unintended,” according to an email from McGrady. Scott Mooneyham, director of political communications and coordination for the North Carolina League of Municipalities, said a fix should happen soon. “Given that the repeal appears inadvertent, we would hope that the General Assembly restores the authority as soon as possible,” he said. “This financing is critical when it comes to large capital projects like beach renourishment and solid waste facilities.”
Read more » click here

Update –
Legislative error is in the process of being corrected

Annual Beach Survey Monitoring
East Coast Engineering survey has been completed
ATM will be working on the analytics and present report this fall

Tropical Storm Arthur
The tropical storm had minimal impact to the beach strand

Concerts
Based on guidelines for gatherings, the first two concerts of the season have been rescheduled for a TBD date later in the season. Any additional schedule changes will be communicated at a later time.

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

Intent is to reestablish pre-dredge capabilities which in order of priority are as follows:

- - Permitted primary disaster debris management area
  - Public Works lay down yard
  - Dog Park
Must maintain compliance with environmental permit and monitoring
Safety is the priority for this site, at present it is not ready for use
.
Update –
Site is continuing to drain and dry out, vegetation is growing on the berm
Spoil area is still not ready for use yet
In Case You Missed It –

Pets on the Beach
Pets are not allowed on the beach from May 20th to September 10th, except between 5:00 p.m. and 9:00 a.m. daily.
Waste Industries Service
Solid Waste Pick-up Schedule – starting May 23^rd twice a week
Recycling – starting May 26^th weekly pick-up
Port-a- Johns
The Town budgeted money from the BPART account to cover the costs of seasonal (100 days of summer) public restroom facilities and services. We will have four handicap accessible units strategically placed at three locations on the island.
They are located as follows:
- Two are at the far east end
- One is at sewer lift station by Greensboro
- ~~One is at sewer lift station just before the 800 block~~
HB Bridge Safety Railing Project
Contract was awarded October 29, 2018
Completion date for the contract to be October 1, 2019
Work on the bridge safety railing has been delayed
COVID-19 restrictions have resulted in delayed fabrication and delivery of the rail
Work is scheduled to resume on June 15^th.
BEMC
Previously reported – December 2019
They notified us of a rate hike, scheduled with effective date of April 1, 2020
This is the first-rate hike in ten (10) years
It will impact our budget, primarily sewer utility bills
This will need to be addressed during the budget process
Due to pandemic this has been postponed to June 1, 2020
Holden Beach home destroyed in fire
Multiple fire departments and police responded to the call at 1018 Ocean Boulevard West shortly before noon on Monday, May 11. One home was completely destroyed and the homes on each side of it were also damaged by the fire. There were also some small grass fires nearby from the ashes and embers. According to Holden Beach Police Chief Jeremy Dixon, the house was not occupied at the time of the fire and no injuries were reported. The cause of the fire is under investigation but hasn’t been determined yet.

5. Executive Session Pursuant to North Carolina General Statute

Executive Session Pursuant to N.C.G.S. 143-318.11(A)(6) to Discuss Qualifications, Competence, Performance of a Public Officer or Employee – Commissioner Tyner

Executive Session Pursuant to N.C.G.S. 143-318.11(A)(5) To Establish or Instruct the Staff or Agent Concerning the Negotiation of the Price or Terms of a Contract Concerning the Acquisition of Real Property – Commissioner Tyner

No decision was made – No action taken

General Comments –

Loose Ends – (17)

- - - Development Fees June 2018
    - Waste Ordinance Enforcement Policy January 2019
    - Fee Based Rollout of Containers January 2019
    - Commercial District February 2019
    - Land Use Plan October 2019
    - Parking October 2019
    - Mega-Houses / Zoning October 2019
    - Audit Remedial Policies & Procedures November 2019
    - Dog Park January 2020
    - 796 OBW January 2020
    - Rules of Procedure February 2020
    - Speed Limit February 2020
    - IBPD – Dune Protection Game Plan February 2020
    - Staggered Terms March 2020
    - BOC’s Objectives March 2020
    - Beach Patrol April 2020
    - VRBO Action Plans April 2020

Well I am just mortified that our website worked intermittently on the day we sent e-mail saying, “This month’s edition of Lou’s Views newsletter is available now!”. Please accept my humble apology for any inconvenience that this may have caused you. Just so you know, you can go to the website https://lousviews.com/ whenever you want, e-mail is simply a reminder that we have updated the monthly posts.

.
BOC’s Meeting
The Board of Commissioners’ next Regular Meeting is scheduled on the third Tuesday of the month, June 16^th

Hurricane Season
For more information » click here

Be prepared – have a plan!

Busy Atlantic hurricane season predicted for 2020
Multiple climate factors indicate above-normal activity is most likely
An above-normal 2020 Atlantic hurricane season is expected, according to forecasters with NOAA’s Climate Prediction Center, a division of the National Weather Service. The outlook predicts a 60% chance of an above-normal season, a 30% chance of a near-normal season and only a 10% chance of a below-normal season. The Atlantic hurricane season runs from June 1 through November 30.
Read more » click here

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

https://lousviews.com/

05 – News & Views

Lou’s Views
News & Views / May Edition

Calendar of Events –

Most events have either been postponed or cancelled

Events
Discover a wide range of things to do in the Brunswick Islands for an experience that goes beyond the beach.
For more information » click here

Calendar of Events Island –

All programs are temporarily on hold

Parks & Recreation / Programs & Events
For more information » click here

Reminders –

Trash Can Requirements – Rental Properties

Waste Industries – trash can requirements
Ordinance 07-13, Section 50.10

Rental properties have specific number of trash cans based on number of bedrooms.
* One extra trash can per every two bedrooms

Please note:
. • Trash carts must be at the street by 6:00 a.m. on the pickup day
. • BAG the trash before putting it in the cart
. • Carts will be rolled back to the front of the house

Solid Waste Pick-up Schedule – starting May 23^rdtwice a week

Recycling – starting May 26^thweekly pick-up

Yard Waste Service
Yard debris pickup will be provided twice a month on the 2^ndand 4^th Fridays during the months of March, April and May. Please have yard waste placed at the street for pick-up on Thursday night.

Yard debris needs to be secured in a biodegradable bag or bundled in a maximum length of five (5) feet and fifty (50) pounds in weight. A total of ten (10) items (bundles of brush/ limbs, bags) will be picked up by Waste Industries. Yard waste must be placed at the street for pick-up. No pick-ups will be made on vacant lots or construction sites.

Yard debris collection last pickup is on Friday, May 22nd

. .

A Second Helping
Program to collect food Saturday mornings (7:00am to 12:00pm) during the summer at the Beach Mart on the Causeway.

Mail Donations to:
A Second Helping % Douglas Cottrell
2939 Alan Trail
Supply, NC 28462

Website:
http://www.secondhelping.us/

Bird Nesting Area
NC Wildlife Commission has posted signs that say –
Bird Nesting Area / Please don’t disturb
The signs are posted on the west end beach strand

People and dogs are supposed to stay out of the area from April through November
. 1) It’s a Plover nesting area
. 2) Allows migrating birds a place to land and rest without being disturbed

They recommend that you get rid of any standing water on your property that you can
Urged everyone to call Town Hall if they have mosquito issues so that they can spray

Spraying is complaint based, so keep the calls coming!

§157.087 BUILDING NUMBERS.

BOC’s Meeting
The Board of Commissioners’ next Regular Meeting is scheduled on the third Tuesday of the month, June 16^{th
.}

Recycling renewal form was sent, you should have gotten e-mail letter already

Upon Further Review –

Murder Investigation

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

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

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

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

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

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

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

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

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

91% of Americans believe dog parks provide benefits to their communities

Availability of dog parks is especially popular among millennials (94 percent) and Gen Xers (92 percent) followed by baby boomers (89 percent) who agree dog parks provide benefits to communities.

Top 3 Community Dog Park Benefits:

- - 60% Gives dogs a safe space to exercise and roam around freely
  - 48% Allows dogs to socialize with other dogs
  - 36% Allows owners a chance to be physically active with their pet

For more information » click here

Corrections & Amplifications –

Holden Bridge Safety Railing Project

I don’t think it is the manager’s call on this and feel the Board should review and make the recommendation. Please see the attached pictures and let me know if you have any questions.

The Board chose to have three horizontal railings with an aluminum finish atop the concrete bridge barrier.

A decision was made – Approved (4-1)

A decision was made – Approved unanimously

The Surf City railing shown below is what we are getting minus the top horizontal bar.

You can’t make this stuff up!

Turtle Watch Program –

Turtle Watch Program – 2020
. 1) Current nest count – four (4) as of 05/23/20
. • Average annual number of nests is 39.5
. 2) First nest of the season was on May 11^th

Members of the patrol started riding the beach every morning on May 1 and will do so through October looking for signs of turtle nests.
For more information » click here

It’s Turtle Season on Holden Beach!
It’s official…. the turtle season has started!
Turtle Watch ATV riders are out looking for tracks of the mother turtle each morning.
Turtles usually start laying their eggs on our beach mid to late May.
The first turtle nest was laid on our beach this year on May 11^th.
Last year the first nest was on May 9^th which was the earliest date ever recorded.
It will take 55-60 days for these eggs to incubate.
They anticipate the first baby turtles on the beach in early July.

Odds & Ends –

Tracking site » click here

Update –
There Are 15 Sharks Swarming The Outer Banks Of North Carolina Right Now
Read more » click here

Sharks of North Carolina
Read more » click here

Shark Attack
The chances of being attacked by a shark are very small compared to other animal attacks, natural disasters, and ocean-side dangers. Many more people drown in the ocean every year than are bitten by sharks. The few attacks that occur every year are an excellent indication that sharks do not feed on humans and that most attacks are simply due to mistaken identity.

Your chances of being attacked by a shark are just 1 in 11.5 million!

Relax. Rip currents don’t pull you under.
A rip current is a natural treadmill that travels an average speed of 1-2 feet per second but has been measured as fast as 8 feet per second — faster than an Olympic swimmer. Trying to swim against a rip current will only use up your energy; energy you need to survive and escape the rip current.
Do NOT try to swim directly into to shore. Swim along the shoreline until you escape the current’s pull. When free from the pull of the current, swim at an angle away from the current toward shore.
If you feel you can’t reach shore, relax, face the shore, and call or wave for help. Remember: If in doubt, don’t go out!
If at all possible, only swim at beaches with lifeguards.
If you choose to swim on beaches without a lifeguard, never swim alone. Take a friend and have that person take a cell phone so he or she can call 911 for help.Sharks
Sharks are a fear on most every swimmer’s mind, regardless of the actual dangers posed by the large predatory fish. “NOAA states that while shark attacks are rare, they are most likely to occur near shore, typically inshore of a sandbar or between sandbars where sharks can be trapped by low tide, and near steep drop-offs where sharks’ prey gather. While the risks are small, it’s important to be aware of how to avoid an attack,” according to previous reporting.

Suggestions from NOAA for reducing the risk of a shark attack include:

Don’t swim too far from shore.
Stay in groups – sharks are more likely to attack a solitary individual.
Avoid being in the water during darkness or twilight when sharks are most active.
Don’t go in the water if bleeding from a wound – sharks have a very acute sense of smell.
Leave the shiny jewelry at home – the reflected light resembles fish scales.
Avoid brightly-colored swimwear – sharks see contrast particularly well.Sunburns
Most everyone has experienced a sunburn at one point in their life and while not often thought as a major concern for many, overexposure to UV light can cause serious long-term problems including skin cancer. The Centers for Disease Control and Prevention (CDC) recommends using at least S.P.F. 15 sunscreen at least 15 minutes prior to sun exposure. Wearing a hat, long sleeves, and other protective clothing is also recommended to keep skin protected.

This & That –

Holden Beach home destroyed in fire
Multiple fire departments and police responded to the call at 1018 Ocean Boulevard West shortly before noon on Monday, May 11. One home was completely destroyed and the homes on each side of it were also damaged by the fire. There were also some small grass fires nearby from the ashes and embers. According to Holden Beach Police Chief Jeremy Dixon, the house was not occupied at the time of the fire and no injuries were reported. The cause of the fire is under investigation but hasn’t been determined yet.

Tri-Beach Volunteer Fire Department
MISSION STATEMENT
The mission of the Tri-Beach Volunteer Fire Department is to protect the life and property of our citizens and visitors from fire and other emergencies through incident response, public education, and first response. As a customer driven organization, it is our mission and number one priority to deliver the best possible service to our customers.
For more information » click here

The island station #2 will have full-time staffing beginning May 24^thfrom 7:00am to 7:00pm, during which time roughly 61% of the island calls happen.

Take a deep breath!
Report ranks Wilmington’s air among the cleanest in the country
Not only does Wilmington have breathtaking views, we apparently have breath-worthy air to go along with it. The latter ranking is according to the American Lung Association and its annual State of the Air Report 2020, which was released this week. Wilmington found itself among a list of four cities — including Bangor, ME, Burlington-South Burlington, VT and Urban Honolulu, HI — as the top-ranking cities for clean air. The determination includes ranks for ozone, year-round particle pollution and short-term particle pollution. Each city had zero high ozone days, zero high particle pollution days and have a top 25 ranking for lowest particle levels on a year-round basis. This is a repeat win for Wilmington and the other locales. But what is good in Wilmington is not apparently good elsewhere. The report states almost half of the United States population is breathing unhealthy air and air quality is declining. The study estimates about 150 million people are breathing what is considered dirty air.

You can read the full report from the American Lung Association at this link.
Read more » click here

Factoid That May Interest Only Me –

Summer Will Come; Crowds Are Still a Maybe
Hotels and amusement parks brace for a lost high season. Even if they get the go-ahead to open, will people come?

There is little sense whether, even if restrictions are lifted, a general apprehension of crowds or travel will prevail in the wake of the pandemic and how that could hurt seasonal businesses. If the peak summer months are lost, said Mr. Callewaert, who runs his family’s business on Mackinac Island, there is no way to get them back. “You’ll never catch up. Hopefully you’ll live to fight another day, that’s what you have to do,” he said. “You have to be in survival mode right now.”
Read more » click here

Summer tourists want to know: Will East Coast beaches open?
Maybe, but with some changes.
Realtor Michele DeRose had hoped the novel coronavirus pandemic would be subsiding by now so that residents and business owners in this popular beach town along the Jersey Shore could start to prepare for the crush of summer tourists. What’s begun instead, she said, are the phone calls that real estate agents and property owners dread: Some customers are asking for their money back amid signs that this summer could be the first in more than a century that vacationers are not welcomed on some of America’s most storied beaches. “We’re not getting any new requests for rentals right now,” she added. With the travel season less than six weeks away, would-be tourists and entrepreneurs alike are struggling to decipher whether the East Coast’s beach towns will open by Memorial Day — and if they do, how social distancing guidelines implemented to combat the spread of the coronavirus could reshape what is, historically, one of the country’s most communal activities. That’s the challenge confronting elected leaders from North Carolina to Maine, as the pandemic threatens to upend dozens of local economies in ways previously unthinkable, except for perhaps from an early season hit by a major hurricane. Over the past month, as the coronavirus spread, state and local officials banned sunbathing on beaches, shuttered boardwalks and pleaded with taxpaying second-home owners to stay away from their seasonal properties. Police in Dare County on North Carolina’s Outer Banks even blocked roads leading from the mainland to keep tourists away. For now, elected officials in many of these places say it’s still too soon to say when their beach towns may open to visitors as the number of infections and deaths continues to rise, including more than 75,000 coronavirus cases in New Jersey.
Read more » click here

Short-term rental agencies grapple with dashed vacation plans
Vacation rental companies from Wrightsville Beach to Ocean Isle Beach are working to make the best of uncertain coronavirus times

Area beaches may be reopening to guests looking for an escape from their homes, but the biggest lingering question for those who don’t own property on the coast is where they are going to stay. Short-term rentals of vacation homes are still banned at most beaches in Southeastern North Carolina, as part of the continued social restrictions to mitigate the spread of the novel coronavirus. As many places began to relax those restrictions in recent weeks, however, some eager beachgoers became confident the ban would be lifted when New Hanover County’s restrictions expired on April 29. Then leaders of the county’s beach towns extended the ban until May 8, mirroring Gov. Roy Cooper’s own extension of statewide stay-at-home orders. “We had some people call and book for right after April, and they were ready to move in for a short visit this weekend,” said Robert Huckabee, vice president of Sea Scape Properties in Wrightsville Beach. “But because of the new extension, we are going to have to reach out and reschedule those people.” The now more than a month-long ban has put a strain on vacation rental companies across the region, which would, in a normal year, be booking guests into their hundreds of properties nonstop at this point in the spring. “Obviously, our reservations and bookings have completely fallen off and we’ve had to give back a lot of refunds,” Huckabee said. “That is an unfortunate revenue loss for us, but we thought it was the best thing to do for our guests.” One unexpected boost to Sea Scape’s business, Huckabee said, was the University of North Carolina Wilmington announcing its spring commencement would be delayed until Aug. 7-8. That has allowed those families that booked stays for May to start re-booking for the rescheduled ceremonies. It is that kind of solid date that many in the vacation rental community are seeking from their local officials so they can communicate with some certainty to guests uneasy about booking in the coming months. “We have asked for some clear guidance from our town leaders, if they can provide it, because this is all open ended so far,” said Kristen Goode, marketing director with Oak Island Accommodations, which has around 500 rentals in the area. Brunswick County does not have a blanket ban of short-term rentals, but Oak Island continues to uphold its own restriction on all rentals of any kind. “There is just a lot of confusion from our guests who already have reservations on the books for the summer if they can come,” she said. “We, just like our guests, are trying to navigate the uncertainty of when we will be able to open again. We don’t have those answers yet. But I’m hopeful.” Still, even as the restrictions in some areas inch closer to the summer season, other municipalities are dropping theirs. Ocean Isle Beach lifted its ban on short-term rentals Thursday, an announcement that sent guests flocking to make reservations with Sloane Realty Vacations, which operates rentals in Ocean Isle and Sunset beaches. “We’ve definitely seen an increase in calls just in the last day since it was announced,” general manager Whitney Sauls said Wednesday. “There will be some weekend traffic for this coming weekend, but not much. It is mostly for late May and June.”

As these agencies work with guests to issue refunds or reschedule their vacations to more realistic dates in the summer, many are faced with a mixed bag of hesitancy and excitement. “Half of the guests who have reservations are concerned to travel and are being cautious,” Sauls said. “But we also have a lot of people looking forward to practicing social distance at the beach.” When the ban on short-term rentals does come down across the region, Huckabee said he sees regional travel being the main driver of beachgoing for the time being. It doesn’t require getting on a plane and interacting with more people than necessary. “If you’re at a distance like in Charlotte, you can just hop in your car and go,” he said. “That’s who we are seeing the bookings from right now.” These agencies are also reminding people that renting a vacation property versus staying at a hotel is actually a way to continue practicing social distancing while still getting a beach vacation. Goode said more than 400 of Oak Island Accommodations’ properties have keyless entry. “If you are from a drive-to market, you can go straight from your home without seeing anyone,” Goode said. “You don’t even have to see us.” Huckabee said their rentals have keyless entry as well and are cleaned by an in-house cleaning crew to ensure they are sanitary and safe. To make sure guests know the latest on the beaches, Sea Scape has also ramped up its online marketing after an uptick in website traffic with people stuck inside and browsing the options for the escapist vacation they are itching to plan.

In time, the rental industry will still have to grapple with the loss incurred by the coronavirus shutdowns, even if the beaches are reopened and the business is back for the official summer season between Memorial Day and Labor Day. “If you lose any of the business in those weeks, you are going to have to take a hard look at whether or not you can make up those numbers,” Goode said. “It may look like a different summer at the beaches with social distancing, but we are hopeful that those who want to travel and want to stay at our beaches will be able to again soon.”
Read more » click here

Hot Button Issues –
Subjects that are important to people and about which they have strong opinions

..
Climate
For more information » click here

There’s something happening here
What it is ain’t exactly clear

Global warming pushes April temperatures into record territory, as 2020 heads for disquieting milestone
Last month tied for the warmest April on record for the globe, as 2020 hurtles toward the warmest year milestone. New data, released Tuesday from the European Union’s Copernicus Climate Change Service, lends further support to the prediction that 2020 will rank among the top two warmest years recorded. In April, the National Oceanic and Atmospheric Administration, using its own temperature monitoring data, reported that there is a 75 percent chance that 2020 will become the planet’s warmest year since instrument records began in 1880, and very likely long before that. Human-caused climate change from increasing amounts of planet-warming greenhouse gases is vaulting temperatures higher, making it easier for a given month or year to set a new warmth milestone. Carbon dioxide is the most important long-lived greenhouse gas in the atmosphere, released by the burning of fossil fuels such as coal and oil for energy and transportation. Assuming NOAA ranks April as having global average temperatures above the 20th-century average, it would be the 424th straight month to have that distinction. In other words, those who are 35 years old and younger have never experienced a cooler-than-average month on Earth.
Read more » click here

The Trump Administration Is Reversing Nearly 100 Environmental Rules.
Here’s the Full List.
Read more » click here

Development Fees
For more information » click here
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Flood Insurance Program
For more information » click here
.

Congress must now reauthorize the NFIP
by no later than 11:59 pm on September 30, 2020.

The level of damage from recent catastrophic storms makes it clear that FEMA needs a holistic plan to ready the Nation for managing the cost of catastrophic flooding under the NFIP.

GenX
For more information » click here
...

Homeowners Insurance
For more information » click here
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Hurricane Season
For more information » click here

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AccuWeather’s 2020 Atlantic hurricane season forecast is out
About two months from now, the 2020 Atlantic hurricane season will officially begin, but AccuWeather meteorologists have already been hard at work examining the factors that could influence tropical activity this year. Forecasters are anticipating another busy year for the Atlantic Basin in 2020, on the heels of an active 2019 season. Led by Dan Kottlowksi, AccuWeather’s top hurricane expert, meteorologists this week released a 2020 Atlantic hurricane forecast. Kottlowski’s team is calling for 14-18 tropical storms during this upcoming season, which runs from June 1 through Nov. 30. Of those storms, seven to nine are forecast to become hurricanes, and two to four are predicted to strengthen into major hurricanes. “It’s going to be an above-normal season,” Kottlowski said. “On a normal year, we have around 12 storms, six hurricanes and roughly three major hurricanes.” The 2019 season marked the fourth consecutive year of above-average activity in the basin and was tied with 1969 for the fourth most-active hurricane season on record. Featuring hurricanes Dorian, Lorenzo and Humberto as well as Tropical Storm Imelda, the 2019 season resulted in 18 storms overall and caused more than $11 billion in damage. And there’s reason to believe the 2020 season could be every bit as active. As part of the method for formulating this season’s predictions, forecasters have drawn comparisons to previous years with comparable weather conditions — also known as analog years. This year, AccuWeather meteorologists have looked closely at the years 1980 and 2005.
Read more » click here

CSU forecast for the 2020 Atlantic Hurricane Season: active
Meteorologists with Colorado State University issued their annual Atlantic Hurricane Season outlook Thursday, suggesting 2020 will be an active year for tropical storms and hurricanes across the Atlantic Basin. An average year in the Atlantic Basin features 12 named tropical systems, including 6 hurricanes and 3 major (Cat. 3+) hurricanes. The 2020 CSU forecast for the Atlantic Basin suggests there will be 16 named tropical systems, including 8 hurricanes and 4 major hurricanes. Seasonal tropical weather outlooks naturally elicit cynicism from some consumers, but such forecasts have shown some skill over time. CSU says potential contributors to Atlantic tropical cyclone activity include: the expectation of a weak or absent Pacific El Nino and much warmer-than-average sea surface temperatures across portions of the Atlantic Basin, like the Gulf of Mexico. What no seasonal tropical forecast can say with any provable, repeatable skill is what coastlines will be impacted by tropical activity. One might argue that the Bahamian and Southeast U.S. portions of the Atlantic Basin are, at least statistically, due for a break after Hurricanes Joaquin, Matthew, Irma, Florence, Michael, and Dorian have ravaged the region since 2015. A break is indeed worth hoping for, but you never know until the actual season arrives and the individual storms develop. The best course, in any year and with any forecast, is vigilance and preparedness. Atlantic Hurricane Season officially begins June 1.
Read more » click here

Hurricane amid pandemic: ‘Nightmare scenario’
For coastal communities like Wilmington, the June 1 start of hurricane season couldn’t come at a worse time
Emergency managers run drills on handling multiple catastrophes at once, such as a cyberattack during a tornado or a mass shooting amid a destructive flood. But most disaster plots don’t involve a months-long pandemic sapping resources globally from aid groups and governments while so much of the nation is shut down, self-isolating and unemployed. Yet this is where officials find themselves in the run-up to the 2020 hurricane season, which leading forecasts predict will be the fifth consecutive year of above-normal activity. A forecast released Thursday suggests we could see four major hurricanes develop. The U.S. may still be battling the coronavirus outbreak when hurricane season officially begins June 1, and waves of infections could follow during peak months for storms in late summer and early fall.
Read more » click here

Atlantic Hurricane Season Is Less Than 6 Weeks Away,
But It Has Started Early 5 Straight Years
The 2020 Atlantic hurricane season is less than six weeks away, but the past five seasons have each gotten off to an early start. Officially, the Atlantic hurricane season runs from June 1 through Nov. 30. That time frame was selected to encompass 97% of all Atlantic tropical storms and hurricanes, according to NOAA’s Hurricane Research Division.
Read more » click here

Hurricanes Could Be Slowing Down Due to Rising CO2 Levels,
And That’s Not a Good Thing
Scientists are warning that an increase in global warming could significantly slow down hurricanes, potentially leading to more destruction. While slowing down might sound like a good thing, the researchers are talking about the speed hurricanes progress, not wind speed. So, this slow down means more time to carve out a trail of destruction with both wind and rain when they hit land. The stark warning is based on meteorological data collected since 1950, as well as readings taken on more recent storms from the last few years, and forward projections created by computer modelling. Here the scientists are studying the ‘translational’ or forward motion of hurricanes, rather than the eye of the storm wind speeds. Because no matter how fast wind speeds are, the storm can still be slow moving.

For example, in 2019, Hurricane Dorian produced gusts of 295 kilometers (183 miles) miles per hour, but advanced at just a handful of kilometers an hour. That meant more time to batter properties and people, and to ditch more rainfall across a smaller place. If future hurricanes continue to follow the Hurricane Dorian pattern, then they are likely to be just as destructive, or even more so.

The research has been published in Science Advances.
Read more » click here

Atlantic Hurricane Season starts in June, here’s what to expect
The official start to the 2020 Atlantic Hurricane Season is June 1 and it appears that this year has no intention of letting up as forecasters are predicting a higher-than-average number of storms this season. Each year several different forecasters including The Weather Company, Colorado State University, and Tropical Storm Risk (based out of the University College London) make their predictions for the upcoming hurricane season. This year, experts all agree that the conditions are right for above-average tropical storms and hurricanes. From 1981 — 2010, the average number of named storms in the Atlantic basin has been 13; last year there was a total of 18 named storms, four of which were category 3 or higher. This year The Weather Company is predicting 18 named storms and Colorado State University and Tropical Storm Risk are calling for 16. “The TSR (Tropical Storm Risk) April forecast update for North Atlantic hurricane activity in 2020 anticipates a season with likely above-norm activity. Based on current and projected climate signals, Atlantic basin tropical cyclone activity is forecast to be 25% above the 1950-2019 long-term norm and 5-10% above the recent 2010-2019 10-year norm. The forecast spans the period from 1st June to 30th November 2020 and employs data through to the end of March 2020,” according to TSR. Forecasting is not an exact science and it is important to keep in mind that even just one storm could have a significant impact on homes, property, and lives. The Weather Company also points out that just because they are predicting a higher-than-average season, it does not mean that any of the storms will directly impact the United States. “There is no strong correlation between the number of storms or hurricanes and U.S. landfalls in any given season. One or more of the 18 named storms predicted to develop this season could hit the U.S. or none at all. That’s why residents of the coastal U.S. should prepare each year no matter the forecast,” according to the Weather Company. The predicted active season can be attributed to warmer ocean temperatures as well as weak La Niña conditions. “El Niño/La Niña, the periodic warming/cooling of the equatorial eastern and central Pacific Ocean, can shift weather patterns over a period of months. Its status is always one factor that’s considered in hurricane season forecasting,” according to the Weather Company. The warmer ocean waters also play a role in how active a hurricane season will be, and water in the Atlantic is already heating up. “Much of the Atlantic’s waters are already warmer than average as of mid-April. The Gulf of Mexico is also several degrees above average, given recent heat and the lack of rain over the Southeast. Taken as a whole, Atlantic Basin sea-surface temperatures are currently at record-warm levels, “supporting a big season,” Dr. Todd Crawford, chief meteorologist at The Weather Company said.

Hurricane Preparedness Week
Regardless of the prediction, living in a coastal region like the Cape Fear area means residents are at risk of being impacted by a hurricane, and being prepared is key.

This week is Hurricane Preparedness Week and the National Weather Service is offering tips for residents to prepare before any storms are even formed.

Some of these tips include:

Know your zone: Do you live near the Gulf or Atlantic Coasts? Find out if you live in a hurricane evacuation area by contacting your local government/emergency management office or by checking the evacuation site website.
Put together an emergency kit: Put together a basic emergency. Check emergency equipment, such as flashlights, generators and storm shutters.
Write or review your family emergency plan: Before an emergency happens, sit down with your family or close friends and decide how you will get in contact with each other, where you will go, and what you will do in an emergency. Keep a copy of this plan in your emergency supplies kit or another safe place where you can access it in the event of a disaster. Start at the ready.gov emergency plan webpage.
Review your insurance policies: Review your insurance policies to ensure that you have adequate coverage for your home and personal property.
Understand NWS forecast products, especially the meaning of NWS watches and warnings.
Preparation tips for your home from the Federal Alliance for Safe Homes
Preparation tips for those with Chronic Illnesses
Read more » click here

Hurricanes, typhoons and cyclones are becoming stronger, according to a new NOAA study
It is becoming increasingly evident that hurricanes, typhoons, and tropical cyclones worldwide are becoming stronger and potentially more deadly as the globe warms due to the climate crisis, according to a new study. The study, released on Monday by researchers at the University of Wisconsin in Madison and the National Oceanic and Atmospheric Administration (NOAA), looked at nearly 40 years of satellite data of global storms. Researchers found that the probability of storms reaching major hurricane status (category 3 or above on the Saffir-Simpson scale with winds in excess of 110 mph or higher), increased decade after decade.
Read more » click here

Inlet Hazard Areas
For more information » click here
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Lockwood Folly Inlet
For more information » click here
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Seismic Testing / Offshore Drilling
For more information » click here
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Solid Waste Program
For more information » click here
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Things I Think I Think –

Eating out is one of the great little joys of life.

Restaurant Review:
Dinner Club visits a new restaurant once a month. Ratings reflect the reviewer’s reaction to food, ambience and service, with price taken into consideration.
/// December 2019
Name:            Martini
Cuisine:         Continental
Location:      98 Highway 17 South, N Myrtle Beach SC
Contact:        943.249.1134 / https://martininmb.com/
Food:              Average / Very Good / Excellent / Exceptional
Service:         Efficient / Proficient / Professional / Expert
Ambience:    Drab / Plain / Distinct / Elegant
Cost:               Inexpensive <=$18 / Moderate <=$24 / Expensive <=$30 / Exorbitant <=$40
Rating:          Two Stars
This popular establishment went through a change of ownership and name in 2013. What was originally Martini’s Restaurant & Piano Bar is now simply just Martini. A favorite among locals, the restaurant is ranked #4 out of @219 restaurants located in North Myrtle Beach. It was just all right, neither the food nor the service was what one would expect from upscale dining establishments. Having said that, I have no idea why the rave reviews. Relax while listening to the live entertainment in the piano bar lounge and take advantage of the great deals at Happy Hour, you should check it out if you have not already.

Book Review:
Read several books from The New York Times best sellers fiction list monthly
Selection represents this month’s pick of the litter
/////
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AMERICAN DIRT by Jeanine Cummins
The story is about the ordeal of a Mexican woman who had to leave behind her life, after a drug cartel murders the rest of their family, and escape as an undocumented immigrant to the United States with her son. Cummins novel brings to life the ordeal of migrants, who risk everything to try to cross into the U.S., looking for a better life.

.That’s it for this newsletter

See you next month

Lou’s Views . HBPOIN

https://lousviews.com/

04 – Town Meeting

Lou’s Views

“Unofficial” Minutes & Comments

BOC’s Emergency Meeting 03/23/20

Board of Commissioners’ Agenda Packet » click here NA

Audio Recording AM » click here

Audio Recording PM » click here

1. Consider Action that May Be Necessary Due to the Coronavirus Threat

Town of Holden Beach has declared a State of Emergency over coronavirus concerns. They are discouraging tourists from traveling to the island. In the Town of Holden Beach Declaration, they have implemented eight (8) prohibitions and restrictions.

Mayor’s Desk
I, with the consensus of all five commissioners have declared a State of Emergency for the Town of Holden Beach. Click here to view the declaration

DECLARATION OF A LOCAL STATE OF EMERGENCY
NOW, THEREFORE, pursuant to the authority vested in me as the Mayor and Emergency Management Director of the Town of Holden Beach, North Carolina, under Article 1A of Chapter 166A of the North Carolina General Statutes and Chapter 33 of the Town of Holden Beach’s Code of Ordinance, I hereby declare a State of Emergency for the Town of Holden Beach based on the public health emergency posted by COVID-19.

Article 1A. / North Carolina Emergency Management Act.

In consultation with the commissioners at meetings held today at 10:00 a.m. and 4:00 p.m., the State of Emergency for the Town of Holden Beach is amended. Click here to view the prohibitions and restrictions to be implemented within the Town of Holden Beach.

State of Emergency: Beach towns respond to COVID-19
Like dominoes, the beaches lining the Southeastern North Carolina coast have moved to reduce crowds and address concerns regarding the novel coronavirus. The beaches join county governments like Brunswick County, New Hanover County and the City of Wilmington in formally recognizing the threat of COVID-19, and responding.

[ As beaches, bars and restaurants close, what exactly does ‘State of Emergency’ mean? ]

From Topsail Island to Ocean Isle Beach, the local governments of the area beach communities held emergency meetings Monday or over the weekend to address COVID-19, and either declared a state of emergency or modified an existing declaration. Some beaches, including those in New Hanover County, have completely closed, while others are only closing public beach accesses and parking lots.
Read more » click here

Governor Cooper announces state-wide ‘stay-at-home order’
State of NC Executive Order No. 121 with is “STAY AT HOME AND STRATEGIC DIRECTIONS FOR NC IN RESPONSE TO THE COVID-19 CASES”. This order was issued on March 27^th by Gov Roy Cooper and outlines all of the directives the state has put in place and will enforce with respect to Covid-19 safety protocols and procedures.
For more information » click here

BOC’s Emergency Meeting 04/07/20

Board of Commissioners’ Agenda Packet » click here NA

Audio Recording » click here

1. Report, Review and Evaluate Status of Emergency Operations of the Town and Consideration of Further Protective Measures – Mayor Holden

Declaration of State of Emergency » click here

Brunswick County Coronavirus Update » click here

State of Emergency – Timeline

This amended declaration shall remain in force until rescinded or amended.

04/01/20
Town of Holden Beach has declared a State of Emergency, Amendment No. 4 is an attempt to more clearly define the purpose (no new tenancy) of the original declaration.
Click here to view Amendment No. 4.

03/31/20
The State of Emergency for the Town of Holden Beach has been amended to coincide with Governor Cooper’s Stay at Home Order. Click here to view the Amendment No. 3.

03/27/20
Governor Cooper announces Executive Order No. 121, state-wide Stay at Home Order. Click here to view the Executive Order details.

03/27/20
The State of Emergency for the Town of Holden Beach has been amended regarding short-term rentals. Click here to view the Amendment No. 2.

03/23/20
Mayor Holden, with the consensus of all five commissioners, has declared a State of Emergency for the Town of Holden Beach. Click here to view the Declaration.

The situation is serious; take it seriously!

BOC’s Regular Meeting 04/21/20

Board of Commissioners’ Agenda Packet click here

Audio Recording » click here

1. Quarterly Financial Update – Town Manager Hewett

Agenda Packet – slide presentation
The report presented a snapshot of our current situation at this point in the fiscal year. All debt services were paid, which had been $3.54 million dollars.
At the end of the third quarter we appear to be in good shape.

Monthly statements of actual vs. estimated budget numbers is available at the Town’s website
For more information » click here

2. Report on Town Hall Generator Directive – Town Manager Hewett

Supplemental Agenda Packet » click here

Request Brunswick Electric perform an assessment of the electrical needs for Town Hall including the recommended size of a backup generator.

Previously reported – September 2019
Town Hall genset is history
Discussing options – repair cost / noise level / location are all issues being considered

Previously reported – January 2020
Returned rental to vendor, no budget allocation for backup power generator
Right Angle working on proposal for a permanent solution

Previously reported – March 2020
Agenda Packet –
Preliminary Engineering Report for Standby Diesel Generator Relocation

Presented with three (3) options as follows:
#1 Near water tank area – 550 feet away                                    $245,650
#2 In the triangle town property – 100 feet away                      $134,010
#3 At existing location with sound absorbing enclosure          $197,400

Town Manager Hewett presented the three options.

Commissioner Murdock took the point and made a very convincing fact-based case that none of these options made sense.

He asked the following questions:
.    1) Why do we even need a generator for the Town Hall?
.      • THB has required a power source for less than six (6) hours over the last ten (10) years excluding two (2) storm events
.    2) Why is Town Hall considered a critical facility?
.      • We have an Emergency Operation Center that already has a generator
.    3) If we do require a generator, then why do we need a permanent unit?
.      • Unit costs a ton of money and we can rent a unit when we need one
.    4) Why do we need a 300-kilowatt unit?
.      • BEMC says that a unit a fraction of that size will suffice

No decision was made – No action taken

You have to ask: why didn’t our Town manager ask any of these questions? Very impressed with Commissioner Murdock who was really prepared and challenged the proposed action. Kudos!

Update –
Town Planning and Inspections Director Tim Evans handled this agenda item, briefly covering the supplemental agenda packet material. Abridged version is that Town Hall should be designated as a critical facility and Timbo explained why.

Takeaways:

1. A fifty (50) percent reduction in the original generator design would be adequate
2. A generator of sufficient size can be acquired and installed turn key for less than $100,000
  * Board made an allocation of funds totaling $209,818 for genset replacement
3. Currently back up power capability via a rental 150 kw genset costing approximately $3,000/month

3. Discussion and Possible Approval of Ordinance 20-09, An Ordinance Amending Ordinance 19-10, The Revenues and Appropriations Ordinance for Fiscal Year 2019 – 2020 (Amendment No. 12) – Assistant Town Manager Ferguson

Agenda Packet –
FEMA Florence and Michael Project Cat Z-Management Costs /Dorian Cat B
This three-part budget amendment will serve to create a working budget for previously expended funds related to Hurricane Dorian and Category Z-Management Costs tor Florence/Michael. The Dorian amendment is for Category B-emergency protective measures and serves to reimburse the Town for previously expended overtime funds during the storm event. The Category Z funds will be reimbursed at up to five percent of total expenditures as related to management costs of all PWs related to Florence and Michael Category Z work requires monthly reporting.

Recommend Approval

Suggested Motion: Approval of Ordinance 20-09. and Ordinance Amending Ordinance 19-10, the Revenues and Appropriations Ordinance for Fiscal Year 2019-2020 (Amendment No. 12)

A decision was made – Approved unanimously

4. Discussion and Possible Approval of Resolution 20-03, Designation of Applicant’s Agent (4487-DR-NC, COVID-19) – Assistant Town Manager Ferguson

Agenda Packet –
Designation of Applicant’s Agent
In a webinar hosted by the NC Department of Public Safety on Thursday, April 9^th that we would need to do a Designation of Applicant’s Agent (4487-DR-NC) for the COVID-19 response. Currently there are two declared categories: Category B (emergency protective measures) and Category Z (management costs). In order to qualify for reimbursements. the BOC will need to designate a primary and secondary agent.

Recommend Approval

Suggested Motion: Designation of Town Manager Hewett as Primary Agent and Assistant Town Manager Ferguson as secondary agent on Resolution 20-03 and in carrying out all tasks related to 4487-DR-NC.

A decision was made – Approved unanimously

5. Discussion and Possible Ratification of Decisions Made by Staff Concerning Paid Sick Leave and Expanded Family and Medical Leave Under the Families First Coronavirus Response Act – Town Clerk Finnell

Agenda Packet –
Paid Sick Leave and Expanded Family and Medical Leave Under the Families First Coronavirus Response Act (FFCRA)

The FFCRA allows an employer to exclude employees who are emergency responders from the leave requirements under the Acts. Based on the current guidance, staff determined that the following people should be deemed as emergency responders:

Police Department
Public Works Department
Inspections Director
Town Manager, Town Clerk & Assistant Town Manager
. * as emergency management personnel

The Emergency Family and Medical Lean Expansion Act: This Act adds a new category of qualifying reasons for the employee to take job-protected leave to existing FMLA regulations. The new category is if an employee is unable to work (or telework) due to a need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed or the child care provider of such son or daughter is unavailable due to an emergency with respect to COVID-19 as declared by a federal, state or local authority.

Under the Act, after a 10-day waiting period. employees will be paid two-thirds of their regular rate of pay.

Staff has made the decision that employees deemed emergency responders are excluded from this new qualifying reason.

Emergency Paid Sick Leave Act: An employee is entitled to take leave related to COVID-19 if the employee is unable to work, including unable to work because:

1. The employee is subject to a state or local quarantine or isolation order related to COVID-19:
2. The employee has been advised b) their healthcare provider to self-quarantine because they are infected with or have been exposed to COVID-19 or because they are at high risk of complications from COVID-19:
3. The employee is showing symptoms of COVID-19 and is seeking but has not yet received a medical diagnosis:
4. The employee is caring for someone subject to a federal, state or local quarantine or isolation order related to COVID-19 or who has been advised by their healthcare provider to self-quarantine for COVI D-19 related reasons; or
5. The employee is caring for his or her son or daughter because the child’s school or childcarefacility has been closed or the childcare provider is no longer available because of a COVID-19 related reason.
6. The employee is experiencing any other substantially similar condition specified by the US Department of Health and Human Services.

Under this Act. employees who cannot work for one of the reasons set forth above are entitled to a maximum of 80 hours of paid sick leave if they arc full-time employees. Employees become eligible for emergency paid sick leave as soon as they need it. Employees needing sick leave for provisions 1, 2 and 3 are entitled to the full amount of emergency paid sick leave. While employees needing sick leave for reasons 4 and 5 are only entitled to two-thirds payment.

Staff has determined that employees deemed emergency responders are excluded from provisions 1, 4 and 5.

All other positions should fully qualify for the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act.

Staff is asking the Board to ratify the decisions discussed above:

- The Police Department, Public Works Department, Inspections Director, Town Manager, TownClerk and Assistant Town Manager be deemed emergency responders.

- Employees deemed emergency responders are excluded for the new qualifying reason in theEmergency Family and Medical Leave Expansion Act.

- Employees deemed emergency responders are excluded from provisions 1, 4 and 5 of theEmergency Paid Sick Leave Act.

The suggested motion is to ratify the decisions made by Town Staff concerning Paid Sick Leave and Expanded Family and Medical Leave Under the Families First Coronavirus Response Act.

A decision was made – Approved unanimously

Commissioner Sullivan thanked the Town staff for actually limiting the potential benefits they would get; they could have gotten more. The recommendation that they made potentially could have adversely impacted them. Mike commended the Town staff for doing that.

6. Town Manager’s Report

Inlet Hazard Area
Submitted Town’s positions to the Coastal Resource Commission (CRC)
ATM our coastal consulting engineer provided a technical memo to support our position
Meetings have been canceled, tabled for the time being

Personnel
Vacant police officer position –
filled by Brandon Dosher a former regular and reserve HB police officer

Vacant Budget and Fiscal Analyst position –
filled by Daniel McRainey who is working on MA in accounting

Audit
Currently underway

Budget
Process will need to be abbreviated this year
First BOC’s budget workshop scheduled for Thursday, April 23^rd

Lift Station #3
We are on schedule, completion date set for December

Lift Station #3 is progressing as follows:
Advertise for Bids          10/24/19          done
Mandatory Pre-Bids      12/10/19          done
Receive Bids                    12/19/19          done
Contract Award             01/21/20          done
Construction Start        03/23/20          done
Closeout                          12/31/20

Roadway Work
Highland Paving was awarded the $112,500 contract for the Brunswick Avenue West project. Paving work will be started after Easter and should be completed before Memorial Day.

Bend Widener Navigation Maintenance Project
The LWF inlet crossing maintenance project dredging operations were completed.
Sand fencing and vegetation will be put there starting this week

Coastal Storm Damage Mitigation Fund
Town submitted for $100K grant for sand fencing and vegetation

Annual Beach Survey Monitoring
East Coast Engineering currently on the beach strand this week

Update –
Bad weather has compromised bathymetry
. • The measurement of depth of water
Now looking at May / June completion date

Special Obligation Bond Legislation
Enabling legislation has been inadvertently removed
Efforts are being made to reinstitute that capability
We both want and need it, this is important to us

7. Executive Session Pursuant to N.C.G.S. 143-318.11(A)(6) to Discuss a Personnel Matter – Commissioner Kwiatkowski

No decision was made – No action taken

General Comments –

Due to the Town of Holden Beach’s State of Emergency Restrictions and Governor Cooper’s Stay at Home Order, in person public attendance is prohibited. The meeting will be livestreamed on the Town’s Facebook page. Visit https://www.facebook.com/holdenbeachtownhall/ to watch the livestream. Public comments can be submitted to heather@hbtownhall.com or deposited in the Town’s drop box at Town Hall prior to 6:00 p.m. on April 21, 2020

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BOC’s Meeting
The Board of Commissioners’ next Regular Meeting is scheduled on the third Tuesday of the month, May 19^th

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HBPOIN – Lou’s Views
. • Gather and disseminate information
.           • Identify the issues and determine how they affect you
.           • Act as a watchdog
.           • Grass roots monthly newsletter since 2008

https://lousviews.com/