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12 – Town Meeting

Lou’s Views

“Unofficial” Minutes & Comments

BOC’s Regular Meeting 12/17/19

Board of Commissioners’ Agenda Packet click here

Audio Recording » click here

1. Old Business: Discussion and Possible Action on Contract Amendment to the Solid Waste and Recyclables Collection, Transportation and Disposal Agreement Between the Town and Waste Industries – Allen Thienpont (Public Works Director Clemmons)

Agenda Packet –
Waste Industries has provided the Town with a proposed amendment to the Solid Waste and Recyclables Collection, Transportation and Disposal Agreement. The current agreement’s term is through December 31,2019.

The amendment would extend the initial term by two years, with the end date being December 31, 2021. Per the amendment, there will be a $0.50 per month per cart increase. Waste Industries has explained the increase is due to their cost of doing business over the last year, in particular a large increase they took on in January when they changed their third-party haulers to haul the waste from the transfer station to the landfill. They said the change was necessary as the previous hauler was not following the terms of the contract and could not keep up with the volume of tons that go through the transfer station each day. Waste Industries is also raising their fixed rate service fee from 2% to 3% per year.

The cost for the service in the months with a second pickup will increase $1,818. The current budget supports the increase for the remainder of this fiscal year. However, adjustments will need to be made in next year’s budget to accommodate the increase.

Allen Thienpont, General Manager of Waste Industries will be in attendance to answer any questions the Board may have.

Update –
Staff recommends approval

A decision was made – Approved unanimously

2. Presentation of Plaque to the Outgoing Board of Commissioners by Town Manager Hewett

Recognition was given to all the outgoing board.
The plaque was presented to everyone elected in 2017 and followed by a photo-op.
The plaque will be hung in the Town Hall.

3. Presentation of Plaques to Individual Members of the Outgoing Board of Commissioners by Mayor Holden
. a. Joe Butler
. b. John Fletcher
. c. Peter Freer

All three (3) outgoing Commissioners received plaques of appreciation from the town for their service. The plaque was presented to each individually and followed by a photo-op.

I’d personally like to thank the Commissioners
for their dedicated service to the community.

4. Judge Fred Gore will Present the Oath of Office to the Incoming Board of Commissioners
. a. Mayor J. Alan Holden
. b. Commissioners Gerald Brown, Woody Tyner, *Brian Murdock, Mike Sullivan and Pat Kwiatkowski

* Commissioner-Elect Brian Murdock was not in attendance due to a prior commitment, he will be sworn in as a Commissioner by the Town Clerk at an alternate time.

Fred Gore is a District Court Judge in Judicial District 13, which covers Brunswick, Bladen and Columbus counties. The 13th Judicial District judges preside primarily over civil, criminal and juvenile matters. Gore a native of Brunswick County is also a property owner on Holden Beach.

Judge Gore presided over the swearing in ceremony
. • Elected officials were sworn in one at a time
. • They each took the oaths of office and then took their seats on the council
. • Some family members participated in the ceremony

5. Election of Mayor Pro Tempore – Town Clerk Finnell

Agenda Packet –
Per Section 30.05, Mayor Pro Tempore of the Holden Beach Code of Ordinances, the Board shall elect from one of its members a Mayor Pro Tem and an Executive Secretary, who cannot be the same member. The normal term of office for both positions is one year, commencing with the December meeting.

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

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

Mayor Pro Tem is elected by the Board of Commissioners and is not necessarily the person with the most votes in the general election. The selection of Mayor Pro Tem is at the discretion of the other elected commissioners. Although traditionally the person with the most votes has been selected the rules do not require it.

Candidate                        Position                   Term             Votes
Gerald Brown                       Commissioner          Second          246
Woody Tyner                        Commissioner          First              230
Brian Murdock                     Commissioner          First              225
Mike Sullivan                        Commissioner          Second          182
Patricia Kwiatkowski        Commissioner          Second          168

Update –
Discussion and Nomination of Board Member to the Mayor Pro Tem Position
Commissioner Sullivan made a motion to nominate Gerald Brown for Mayor Pro Tem Gerald Brown, the top vote getter, was elected as Mayor Pro Tem

A decision was made – Approved unanimously

6. Election of Executive Secretary – Town Clerk Finnell

Agenda Packet –
Per Section 30.05, Mayor Pro Tempore of the Holden Beach Code of Ordinances, the Board shall elect from one of its members a mayor pro tern and an executive secretary, who cannot be the same member. The normal term of office for both positions is one year, commencing with the December meeting.

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

The Executive Secretary shall be responsible for: (1) creating the agenda for each regular and special meeting of the BOC, and (2) assembling all supporting agenda package materials, in consultation with the other members of the BOC and the Town Manager and Town Attorney, as applicable. The Executive Secretary shall timely deliver the same to the Town Clerk for copying, delivery and publication in accordance with these ordinances and the Rules of Procedure provided for herein. The Town Clerk and Town Manager shall provide logistical and advisory support to the Executive Secretary in performing these functions and the Town Attorney shall provide legal interpretation or support as requested by the Executive Secretary. No notice of any regular or special meeting of the BOC, nor any agenda or agenda package materials with respect thereto shall be delivered or published by the Town Clerk without the express prior authorization of the Executive Secretary.

Update –
Discussion and Nomination of Board Member to the Executive Secretary Position
Commissioner Tyner made a motion to nominate Pat K Executive Secretary
Commissioner Kwiatkowski was elected as Executive Secretary

A decision was made – Approved unanimously

7. Discussion and Possible Approval of 2020 Board of Commissioners’ Meeting Schedule – Town Clerk Finnell

Agenda Packet –
Enclosed is the proposed 2020 Board of Commissioners’ Regular Meeting Schedule. All dates, except for the February date, reflect the third Tuesday of the month. The proposed February date is for the second Tuesday of the month, due to scheduling conflicts. Staff recommends approval.

2020 BOARD OF COMMISSIONERS’ MEETING SCHEDULE
Regular Meetings are held on the third Tuesday of each month

TUESDAY, JANUARY 21^st
TUESDAY, FEBRUARY 11^th* Moved to the second Tuesday of the month
TUESDAY, MARCH 17^thTUESDAY, APRIL 21^st
TUESDAY, MAY 19^thTUESDAY, JUNE 16^thTUESDAY, JULY 21^st TUESDAY, AUGUST 18^th
TUESDAY, SEPTEMBER 15^thTUESDAY, OCTOBER 20^thTUESDAY, NOVEMBER 17^thTUESDAY, DECEMBER 15^th

Meeting schedule was adopted with no changes.

A decision was made – Approved unanimously

8. Discussion and Possible Direction on Rules of Procedure for the Board of Commissioners – Town Clerk Finnell

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.

Update –
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

9. Police Report – Chief Jeremy Dixon

It’s that time of the year, break-in season

Three vehicles on the east end were broken into recently

Previously reported –
Public Service Announcement – Chief Wally Layne
Most crimes are crimes of opportunity. He used the term break-ins loosely since most of the vehicles were left unlocked. He preaches the same sermon to us each year to protect your personal property. Don’t be a volunteer victim! 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!

Requested that we all serve as the eyes and ears for law enforcement.
If you know something, hear something, or see something –
call 911 and let police deal with it.

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

Neighborhood Watch –

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

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

Keep Check Request Form –
. a) Complete the form and return it to the Police Department
. b) Officers check your property in your absence
.
Property Registration Form –
. a) Record of items in your home that have a value of over $100
. b) Complete the form and return it to the Police Department

10. Discussion and Possible Scheduling of a Special Meeting to Interview Applicants for Vacancy on the Planning & Zoning Board and the Audit Committee – Town Clerk Finnell

Agenda Packet –
Due to Woody Tyner being elected as a commissioner, there will be an Alternate Member vacancy on the Planning & Zoning Board. I recommend scheduling a special meeting at 6:45 p.m. on January 21st to conduct interviews for people interested in serving.

Update –
Interviews will be scheduled before the next Regular Meeting in January

A decision was made – Approved unanimously

Volunteers needed
We have vacancies on two (2) boards. The Town is always looking for people to volunteer for their various boards and committees. If you are interested, submit a resume form to heather@hbtownhall.com.

11. Discussion on Establishing a Date Certain for a Special Meeting to Include the Members of the Land Use Planning Committee to Discuss the Pending Land Use Plan – Commissioner Sullivan

Agenda Packet –
Draft Land Use Plan » click here

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

Land Use Plan Steering Committee’s meeting was held on August 27^th.
This should be their last meeting; a draft will be sent to P&Z for approval.
Land Use Plan Engagement Session was held on September 17^th.

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

Previously reported – October 2019
Agenda Packet –
As the Board of Commissioners are aware, the Land Use Plan Committee completed their work as commissioned by the Board of Commissioners. The LUP was then sent to the Holden Beach Planning and Zoning Board where a public hearing was held. The P&Z Board approved sending the completed document for review.

The P&Z Board requested that another public hearing be set before the Board of Commissioners’ meeting. They erred in this request, as only the Board of Commissioners can set their public hearings. While a second public hearing is not necessary at this time, the Board may request such if they feel the need arises.

* If the document is amended any amendments will need to be reviewed by Wes McLeod and staff for compliance with the 7B statutory requirements.

It is important to understand that while the document is a guideline and a mirror of the community’s philosophies, it is not a regulatory document. It is basically a comprehensive guideline to show that the town’s future is directed towards those ideals as set forth in the Statues.

Wes explained the procedure to get this plan adopted. It has been recommended for approval by both Boards that worked on it (Land Use Plan Committee & Planning and Zoning Board). The statuary process for this to be adopted requires it to be submitted to the Division of Coastal Management (DCM) for completeness review. After that 75-day review process we are still required to have a Public Hearing, after that it can then be adopted by the BOC’s. It then goes back to the DCM for certification.

A decision was made – Approved unanimously
Only approved submitting proposed Land Use Plan to DCM for their review

Update –
Board will coordinate their schedules to determine date of meeting

For starters, the plan merely sets guidelines which can be changed as the situation requires. What’s more it is nonbinding. Every land use or zoning decision needs a consistency statement that says whether the recommendation conforms to the LUP or not. We can recommend something that does not conform if we state why it is in the best interest to do that. A considerable amount of time and effort were put in to develop this plan. The BOC’s had a chance to give input on the plan, along with the rest of the Town, at the input meetings and at every LUP meeting. All shareholders were involved in the process and contributed a significant amount of input. It is a compromise document, no one got everything they wanted in it. Cannot imagine what value the BOC’s think that they can add to what was already submitted.

12. Discussion and Possible Direction on a Proposed Directive Regarding Board of Commissioners’ Requests to Advisory Boards or Committees – Commissioner Kwiatkowski

Agenda Packet –
Noted comments from Commissioners at the November meeting: the directive should be adopted by resolution, the work opinion should be eliminated, and since there may be infrequent occasions where a request comes out of a special meeting, the statement should be altered to read “The directive for a recommendation from a specific Board or Committee will preferably be made by a vote at a BOC regular meeting.”.

Previously reported – November 2019
Agenda Packet –
Draft: Directive for Town of Holden Beach (THB) Board of Commissioner
Requests for Opinion/Recommendation to Advisory Boards or Committees

The Board of Commissioners (BOC) is responsible for policy making as well as decisions on administrative matters (School of Government publication “County and Municipal Government in North Carolina”, Chapter 3, County and City Governing Boards). The BOC performs its duties when convened in legal meetings, addressing items contained in the meeting agenda. There are occasions when the BOC may determine that a recommendation or opinion from a THB Advisory Board or Committee on an item related to the Town’s current operations or future development would assist the BOC in making the best possible decision for the Town. When seeking Advisory Board (AB) or Committee (AC) recommendation/opinion, the following steps shall be followed:

. 1) The directive for a recommendation/opinion from a specific Board or Committee shall be made by vote at a Board of Commissioners regular meeting;

. 2) Specific charge questions for the opinion will be finalized and agreed by vote at a Board of Commissioners meeting;

. 3) A proposed deadline for receiving the recommendation/opinion will be included in the directive.

For recommendations/opinions having potential implications on Town finance, Town capital projects, Town contracts or Town departmental processes, the AB/AC shall provide its recommendation/opinion in a report to the BOC, such report to contain:

1. 1. The original BOC directive and charge;
  2. The AB/AC recommendation/opinion;
  3. The AB/AC vote tally;
  4. A synopsis of the discussions leading to the recommendation/opinion of the AB/AC, said synopsis to be discussed and approved at an Advisory Board/Committee public meeting;
  5. Copies of presentations or written positions given by staff or external experts during the evaluation process;
  6. References to supporting documents or publications used in the decision making process;
  7. Copies of minutes of public meetings at which the directive for opinion was discussed.

1. In order to normalize the process and improve the quality of public records of recommendations/opinions, a form entitled “Town of Holden Beach Advisory Board/Committee Recommendation/Opinion” will be used. A suggested format is provided below.

Town of Holden Beach Board Advisory Board/Committee

Recommendation/Opinion

From the BOC to the Board/Committee

Date of BOC Meeting When Directive was Made:

Agenda Item #:

Directive to:(specify AB/AC)

Issue and Action Requested:

Background and Potential Implications:

Charge Questions:

Proposed Deadline:

To the BOC from the Board/ Committee

AB/AC Recommendation/Opinion:

Completed by Town clerk after BOC takes action

Date of BOC Meeting When Decision was Made

BOC Decision:

BOC Vote Tally:

ATTACHMENTS:

Pat explained that this was simply a proposal. She said that it was being put out there for review and feedback. To codify this directive, it will be issued as an administrative document adopted by resolution, not an ordinance.

No decision was made – No action taken

Update –
Pat explained that this was just a second reading of her proposal and it was being put out there for review and feedback. They have not received any feedback yet. Next month it will be issued as an administrative document adopted by resolution, not an ordinance.

No decision was made – No action taken

13. Discussion and Possible Direction on a More Formal Procedure for the Board of Commissioners’ Requests for Actions to the Town Manager or Town Attorney – Commissioner Kwiatkowski

Previously reported – November 2019
Agenda Packet –
BOC Meetings often result in requests for Town Manager or Attorney action. There are times when the full ask is not clearly expressed by the Board, leading to confusion and time loss by Staff as they try to get clarity from meeting tapes or follow-up discussion with Commissioners.

A written form for BOC requests made to the Town Manager or Town Attorney that result from discussion and agreement at BOC Meetings could reduce the level of uncertainty that sometimes results, particularly after a lengthy debate.

Below is a draft of what a form might look like.

THB Board of Commissioner Requests for Town Manager/Attorney Action

1. 1. Date of BOC Meeting
  2. Agenda Item #
  3. Issue:
  4. Request to:
  5. Motion:
  6. Action Requested:
  7. Vote Tally:
  8. Proposed Deadline:

If an agenda item owner anticipates a BOC decision could lead to a work request (e.g., ordinance or policy change, plan of action presentation, request for an outside study, etc.), the agenda item owner would submit a form for the meeting packet with items 1 and 3 already completed and possibly a proposal for what they think the action could be and who the request will be made to (to be finalized after discussion and vote);Items 2, 4, 5, 6, 7 and 8 can be completed by the town clerk or BOC executive secretary following discussion and vote. The form would become part of the meeting minutes.

Pat explained again that this was simply a proposal. She said that it was being put out there for review and feedback. The gist of her position is for them to clarify: What exactly are we asking for? The action is to develop a specific ask so it can be properly actioned.

No decision was made – No action taken

14. Discussion and Possible Action on Proposed Town of Holden Beach Resolution 19-07, Resolution Regarding NCDEQ Issuance of National Pollutant Discharge Elimination System (NPDES) Permits to CPI – Commissioner Kwiatkowski

Agenda Packet –
RESOLUTION 19-07
RESOLUTION REGARDING NCDEQ ISSUANCE OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS TO CPI

LET IT BE KNOWN THAT:

WHEREAS, the Town of Holden Beach, NC is a barrier island community located in Brunswick County; and

WHEREAS, the Town of Holden Beach barrier island is a west to east oriented island, bounded by the Atlantic Intracoastal Waterway (AIWW) on the north, the Atlantic Ocean on the south facing the Long Bay region of Brunswick County, the Shallotte Inlet to the west and the Lockwood Folly (LWF) Inlet to the east; and

WHEREAS, Oak Island is a west to east oriented barrier island bounded by the Atlantic Intracoastal Waterway (AIWW) on the north, the Atlantic Ocean on the south facing the Long Bay region of Brunswick County, the LWF Inlet to the west and the mouth of the Cape Fear river to the east; and

WHEREAS, the Town of Caswell Beach is located near the mouth of the Cape Fear River, occupying the east end of Oak Island in Brunswick County; and

WHEREAS, CPI USA North Carolina LLC (CPI), a cogeneration power plant located at 1281 Powerhouse Drive, Southport NC, burns a mixture of coal, wood, and used tires to generate steam and electricity for sale; and

WHEREAS, all wastewater and stormwater discharge from CPI goes to the effluent channel used by Duke Energy Progress at their Southport power station, which discharges into the Atlantic Ocean approximately 2000 feet offshore of Caswell Beach; and

WHEREAS, CPI has applied to North Carolina Department of Environmental Quality (NCDEQ) for a renewal of its National Pollutant Discharge Elimination System (NPDES) permits for wastewater (Draft Permit NC0065099) and stormwater (Draft Permit NCS000348); and

WHEREAS, NCDEQ has issued draft permits with conditions that would allow increased volume of permitted discharges from the site.

FURTHERMORE, LET IT BE KNOWN THAT:

WHEREAS, given the uncertain makeup of the CPI burn mixture, a consistent waste stream is difficult to envision; and

WHEREAS, bottom ash transport water and stormwater have been added to the allowed discharge; and

WHEREAS, longer term historical data on the specific components and their concentrations in various CPI discharges does not appear readily available on the NCDEQ website for the permit applications; and

WHEREAS, NCDEQ states that “compliance with the limitations for 126 Priority Pollutants shall be determined by engineering calculations which demonstrated that the regulated pollutants are not detectable in the final discharge by analytical methods in 40 CFR part 136 (in accord with 40 CFR 423.23 (d)(3))”; and

WHEREAS, given the uncertainties, monitoring frequency of once per permit cycle, i.e., once in 5 years, for Priority Pollutants of concern does not appear adequate; and

WHEREAS, given the uncertainties, quarterly monitoring frequency of pollutants of concern, which include copper and chromium, does not appear adequate; and

WHEREAS, said proposed CPI discharges have the potential to adversely impact ocean water and onshore and offshore sand quality, with potential safety ramifications for local and migratory marine species as well as humans; and

WHEREAS, natural nearshore transport of sand via littoral drift occurs from east to west in Long Bay; and

WHEREAS, the Town of Holden Beach receives shoreline sand from the east to west littoral drift and increasingly relies on offshore sand dredging for beach re-nourishment; and

WHEREAS, the Town of Holden Beach relies on its reputation as a safe and pristine beach community to attract tourism, the main economic driver for the town.

NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Town of Holden Beach that, in the best interest of environmental and public safety of the public in general, the Town of Holden Beach and other Brunswick County beach communities, the NC DEQ, before issuing a final permit, shall make available to the public all modelling, existing individual component historical monitoring data, and risk assessments, whether provided by CPI or performed by NCDEQ or other scientifically qualified entities, which can be used to understand the level of risk associated with the proposed discharge streams.

BE IT ALSO RESOLVED that before any decision is taken by NCDEQ on granting the two permits in question to CPI, additional public hearings shall be held and an additional period of public comment on the applications and proposed/draft permits shall be offered.

Update –
Pat’s takeaway from the meeting was that they did not provide sufficient information, justification or clarity to explain approving the discharge permit.

A decision was made – Approved unanimously

Environmental concerns raised over Brunswick’s delayed RO discharge permit
A host of environmental groups are raising concerns about Brunswick County’s draft National Pollutant Discharge Elimination System (NPDES) permit that would allow the release of reverse osmosis discharge containing an unknown makeup of emerging contaminants in the Cape Fear River. In a letter to regulators, the Southern Environmental Law Center on behalf of eight environmental advocacy groups both compliments and criticizes Brunswick County and the Department of Environmental Quality (DEQ). The groups say both the county and regulators can and should do more to ensure the discharge is safe and limits the release of per- and polyfluoroalkyl substances (PFAS). The letter claims both the county and DEQ have violated the Clean Water Act in the permitting process; the county violated the act by not disclosing PFAS concentrations in its permit application; the DEQ violated it by failing to ensure toxic substance standards required of Class C waters are met, according to the letter.

System failures
Brunswick County’s $90 million low-pressure reverse osmosis (RO) treatment solution to the emerging contaminants identified in the Cape Fear River involves enhancements to its conventional treatment system at the Northwest Water Treatment Plant. This solution is a “necessary response” to system failures, the letter states. These failures include the private sector’s failure to control discharge of emerging contaminants into the Cape Fear River and the DEQ’s failure in the permitting process to identify and control PFAS discharges, the environmental groups conclude. Brunswick County would be required to sample 28 PFAS on a semiannual basis, according to the draft permit. This monitoring requirement, among others, are “simply inadequate,” the letter states. PFAS are known to vary wildly in sampling data, so a monthly monitoring requirement would more accurately characterize PFAS concentrations, the groups say. “If Brunswick were to discharge undisclosed PFAS, it would violate the Clean Water Act. Moreover, because of this omission, DEQ does not have the information it needs to make a fully informed decision to issue the permit and the public does not have adequate information to meaningfully comment on it,” the letter states. By allowing Brunswick County to release PFAS — without explicitly listing concentrations on the discharge permit — the DEQ is repeating the same mistakes that contributed to the region’s water crisis, according to SELC attorney Geoffrey Gisler. Gisler, who co-wrote the letter to regulators, said the Clean Water Act clearly empowers the DEQ to require permitted dischargers to disclose what they’re discharging. The burden of responsibility to study the PFAS makeup in the discharge falls on the county, Gisler said. Once the concentrations are known, the onus is on the state, according to Gisler, to evaluation and require pollution-control measures to limit PFAS discharges. “That analysis needs to be done and made public,” Gisler said.

Diluted backwash
Research shows the RO treatment process can remove nearly all per- and polyfluoroalkyl substances (PFAS) from raw water, however, the technology inevitably includes discharging approximately one-fifth of the amount of water processed as backwash. The release of the discharge concentrate solution into public surface waters must be permitted. In a draft NPDES permit issued Oct. 31, DEQ would allow Brunswick County to release up to 5 million gallons a day (mgd) of RO backwash from a new discharge pipeline into the Cape Fear River. This discharge would serve as point source pollution, Gisler said. “Point source is anything that collects water pollution and dumps it into a river,” he said. “This is certainly a point source that is polluting.” The SELC points to Cape Fear Public Utilities’ (CFPUA) decision to install Granular Activated Carbon (GAC) at its water treatment facility, the Sweeney Water Treatment Plant. Like RO, GAC can remove nearly all PFAS from raw water. Unlike RO, GAC captures contaminants in filters that can be burned and recycled or disposed of in a landfill. Before opting to move ahead with RO in May 2018, Brunswick County’s consultant studied GAC as a treatment solution but in its final recommendation, concluded RO was the best fit. Asked if SELC was proposing that Brunswick County install a GAC filter to reduce contaminant concentration in its RO backwash, Gisler said stakeholders should go where the research leads. “We don’t know where the analysis ends up,” Gisler said. “What we’re saying is we know these technologies are out there.”

Permit pending, project delayed
In a statement, Brunswick County maintains it has been transparent with regulators throughout the permitting process regarding PFAS. The county’s proposed RO discharge will not add any additional PFAS into the Cape Fear River, the county affirms. “Throughout the many meetings and telephone conversations regarding the project’s NPDES permit, DEQ staff have been made fully aware that the key water quality goal of this project is to remove PFAS contaminants from the County’s drinking water that cannot be removed through conventional treatment methods,” Brunswick County’s spokesperson provided in a statement (read the full statement at the bottom of this article). Raw water treated at the Northwest Water Treatment Plant is sourced from Kings Bluff in Riegelwood, 13 miles upstream. Brunswick County’s RO plans include constructing a new 4-mile concentrate discharge pipeline that would cross under Mt. Misery Road and release backwash into the Cape Fear River. Sarah Young, a DEQ spokesperson, could not immediately provide a response to SELC’s conclusions. Young confirmed Brunswick County’s draft NPDES permit is still pending with a decision due in early March 2020. DEQ staff are reviewing all comments received, Young said, which could inform changes to the permit prior to its possible issuance.

Meanwhile, the project itself is behind schedule. In a notice to prospective bidders in late November, the county delayed its bid due dates by three months. Bids for both the concentrate pipeline project and plant treatment enhancements are due in March 2020. This delay was caused by DEQ’s adjusted permit review process, the county said in a statement, and feedback from contractors who raised concerns about the tight project timeline. Pre-bidding documents revealed the county was still considering a no-RO upgrade solution as one of 10 alternatives being bid; while the county has consistently stated it is committed to an RO solution, this alternative is still on the table given three uncertainties shared with inquiring contractors: bid price, project budget, and status of the NPDES permit.

Read Brunswick County’s full response below:
“Brunswick County reaffirms that providing clean, reliable and affordable drinking water to our residents and customers is of paramount importance to our county leadership and the Public Utilities team. Brunswick County is planning to install one of the most effective, proven technologies for the removal of both regulated and unregulated contaminants that is protective of human health and resilient to contaminant spikes in the Cape Fear River source water. Brunswick County has been transparent with DEQ and the public regarding the advanced low-pressure reverse osmosis system NPDES permit, the contents of the discharge, and the fact that the process will remove almost all PFAS from customer’s drinking water; the County has also been transparent to DEQ that no additional PFAS will be added to the discharge through the treatment process before being returned to the original water source from which it was taken. Throughout the many meetings and telephone conversations regarding the project’s NPDES permit, DEQ staff have been made fully aware that the key water quality goal of this project is to remove PFAS contaminants from the County’s drinking water that cannot be removed through conventional treatment methods. We appreciate DEQ’s consideration in issuing an NPDES permit for the proposed advanced low-pressure reverse osmosis system and will continue to work with the department and other interested parties throughout the process. The conditions of the permit will require the County to continue monitoring for PFAS and other contaminants, and it includes a means to implement discharge limits in the future if necessary.”

Read SELC’s full comments on the NPDES permit below:
2019-12-05 SELC Comments by Johanna Ferebee Still on Scribd

Read more » click here

15. Town Manager’s Report

FEMA / Storm Events
The Town is currently working reimbursements from five (5) federally declared storms simultaneously. Each of the five (5) projects are treated separately, we may be able to achieve economies of scale if we can combine them. We will be going through the bid process for the estimated $25 million in sand reimbursements. The Dorian declaration raises the total up to $30 million if it is added into the mix. Because of our experience working with FEMA we are serving as a guinea pig; reimbursement will be through new digital FEMA Grants Portal.

Florence / Michael
FloMike hurricane project funds have been awarded
Florence – federal and state $15,861,220
Michael – federal and state $8,547,505
FloMike total Cat G beach nourishment funding is $24,408,725

Dorian
Federal declaration was made for Hurricane Dorian that includes coastal communities in Brunswick County. Town has estimated approximately $4.5 million for Cat G FEMA reimbursements.

Matthew / Irene
Revisions made and submitted, still have @$300,000 on the table

Grants OK’d for Emerald Isle, Holden Beach
North Carolina and Federal Emergency Management Agency officials announced Thursday more than $54.9 million in hurricane- and tropical storm-related public assistance grants have been approved for Emerald Isle and Holden Beach. The grants are to reimburse expenses to renourish public beaches in the coastal towns which were damaged by storm surges during Hurricane Florence and Tropical Storm Michael in 2018. Emerald Isle is to replenish with more than 2 million cubic yards of sand and more than 377,000 square yards of plants damaged during Hurricane Florence. The sand equals more than 20 times the amount of concrete in Charlotte’s Bank of America Stadium and the volume of plants covers 78 acres, according to the announcement. Holden Beach will replenish more than 389,000 cubic yards of sand damaged during Tropical Storm Michael. FEMA’s Public Assistance program provides grants for state and local governments and certain private nonprofit organizations to reimburse the cost of debris removal, emergency protective measures and permanent repair work. Public Assistance is a cost-sharing program. FEMA reimburses applicants at least 75% of eligible costs, and the remaining 25% is covered by the state. The federal share is paid directly to the state, which disburses funds to agencies, local governments and certain private nonprofit organizations that incurred costs. FEMA’s combined share for the Emerald Isle and Holden Beach projects is more than $41.2 million and the state’s share is more than $13.7 million.

The state and FEMA have approved more than $72 million to restore North Carolina beaches since the 2018 storms.
Read more » click here

FEMA announces reimbursements for Holden Beach, Wilmington
FEMA and the State of North Carolina announced the reimbursement of millions of dollars Wednesday for Holden Beach and Wilmington. According to a news release, more than $15.8 million will go toward reimbursing expenses spent to restore storm-related beach damage. Those funds include the reimbursement of beach sand in Holden Beach. “Holden Beach will replenish with more than 722,000 cubic yards of sand and more than 2,500 square yards of plants damaged during Hurricane Florence,” FEMA said in the release. “The sand equals more than seven times the amount of concrete in Charlotte’s Bank of America Stadium.” Earlier this month, Holden Beach was approved for a reimbursement of $8.5 million for Tropical-Storm Michael-related beach damage. FEMA and state officials also approved an additional $3 million to reimburse the City of Wilmington for debris removal following Hurricane Florence.This latest amount brings the total to more than $20.5 million to reimburse the city’s debris removal expenses. “More than 1.3 million cubic yards of hurricane-related vegetation — enough to fill more than 6,700 train boxcars — was collected in Wilmington,” FEMA stated in a news release. “Funds for this project cover work completed from Sept. 20, 2018, through Feb. 23, 2019.”
Read more » click here

Topsail Beach, Holden Beach receive more storm restoration funding
The State of North Carolina and FEMA on Wednesday announced more than $30 million total headed to Southeastern North Carolina beach towns from hurricane- and storm-related damage. In all, beaches in New Hanover, Pender and Brunswick counties suffered more than $119 million in damage from Florence, and that doesn’t include previous issues, or problems that surfaced during Hurricane Dorian in September 2019. The town of Holden Beach is receiving $15.8 million, and that money is expected to be used to help replenish more than 722,000 cubic yards of sand and more than 2,500 square yards of plants damaged during Florence, according to a press release. The recent funding is in addition to $8.5 million approved earlier this month for Tropical Storm Michael-related beach damage. In addition, $18.8 million will be given to the Town of Topsail Beach for its damages from Florence. It is expected to replenish more than 939,000 cubic yards of sand damaged or lost during that storm. The town recently started a $24.6 million project for dredging and beach renourishment. These funding packages are part of FEMA’s Public Assistance program, which provides grants for state and local governments and certain private nonprofit organizations to reimburse the cost of debris removal, emergency protective measures and permanent repair work. Public Assistance is a cost-sharing program. FEMA reimburses applicants at least 75 percent of eligible costs, and the remaining 25 percent is covered by the state. The federal share is paid directly to the state, which disburses funds to agencies, local governments and certain private nonprofit organizations that incurred costs. In all, more than $107 million has been approved to restore North Carolina Beaches since the 2018 storms.
Read more » click here

Holden Beach gets more than $15.8M to restore coastline
The State of North Carolina and FEMA have approved more than $15.8 million to reimburse expenses to restore hurricane and tropical storm related beach damage. The funds include reimbursing the replacement of beach sand in the Town of Holden Beach. Storm surges from Hurricane Florence damaged the coastal community’s beach. Holden Beach will replenish with more than 722,000 cubic yards of sand and more than 2,500 square yards of plants damaged during Hurricane Florence. The sand equals more than seven times the amount of concrete in Charlotte’s Bank of America Stadium. The recent funding for Holden Beach is in addition to $8.5 million approved earlier this month for Tropical Storm Michael-related beach damage. FEMA’s Public Assistance program provides grants for state and local governments and certain private nonprofit organizations to reimburse the cost of debris removal, emergency protective measures and permanent repair work. Public Assistance is a cost-sharing program. FEMA reimburses applicants at least 75 percent of eligible costs, and the remaining 25 percent is covered by the state. The federal share is paid directly to the state, which disburses funds to agencies, local governments and certain private nonprofit organizations that incurred costs. FEMA’s share for the latest Holden Beach project is more than $11.8 million and the state’s share is more than $3.9 million. More than $107 million has been approved to restore North Carolina beaches since the 2018 storms. In addition to Holden Beach, the towns of Emerald Isle, Indian Beach, Pine Knoll Shores and Topsail Beach have been approved for beach restoration funding.
Read more » click here

LWF Bend Widener Navigation Maintenance Project
The LWF inlet crossing maintenance project is underway with dredging operations by Goodloe Marine. Shore pipe is in place on the beach near tip of the island. Expect operations through early January; nighttime operations are probable. Production estimates for beach fill are 7000 yds per day but dredge has never done this job. Goodloe has only had it 4-5 months. Total quantity estimated at over 200,000 cy. With placement volumes being significantly less.

Beach Nourishment
The sand search continues. The hydrography survey and vibracores have been completed. However, we were told that an archeological side beam scan is required, which will be done over the next few weeks, before we can submit for permit modification. Offshore investigation is moving forward and is on schedule.

Budget Ordinance 19-18
Last month BOC’s approved $30,000

$4,600 for the LWF maintenance dredging project
$25,400 for surveying and engineering services

Administrative error required him to move funds to proper account

Previously reported – November 2019
The County is asking us to pay $37,476, the local portion for the dredging project
Ordinance 19-18 is transferring just $4,600, that leaves a $32,876 shortfall
We previously budgeted $33,000 for one dredge event for this year
There just isn’t enough money in the budget to cover the entire request from the county
They are transferring $4,600 which increases the dredging line item to $37,600

Amendment was made based on FEMA requirement change that they were informed about this morning. Apparently, FEMA is requiring additional surveys for Dorian to go to depth of closure. This will require not only the survey work but additional analysis from ATM. The staff therefore recommends amending budget ordinance from $4,600 to a total of $30,000. This budgets $4,600 for the LWF maintenance dredging project and $25,400 for surveying and engineering services.

Depth of closure (DOC) is an important concept used in coastal engineering. The DOC is a theoretical depth along a beach profile where sediment transport is very small or non-existent, dependent on wave height and period, and occasionally, sediment grain size.

Moved funds of $30,000
From Revenue account #50.0398.0300 to Expense account#50.0710.7200

Audit
Received and approved by LGC

BEMC
They notified us of a rate hike, scheduled with effective date of April 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

Lift Station #3
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
Contract Award             01/21/20
Construction Start        03/23/20
Closeout                          12/31/20

Walkway
Public beach access at 289.5 OBW is under construction

Previously reported – February 2019
Governor Roy Cooper announced that Holden Beach was awarded a public access grant for $16,335 for the construction of a beach access walkway at 289.5 OBW

Holden Beach Bridge Repairs
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 October1, 2019

16. Mayor’s Comments

From the Mayor’s Desk
Inlet Hazard Area Changes
The Coastal Resources Commission is in the process of developing new rules that have the potential to greatly impact several hundred lots at Holden Beach. Please review the information below for an executive summary prepared by the Business Alliance for a Sound Economy (NCBASE) complete with details of the rules, dates/times of public hearings, maps of properties affected and contact information for those needing to receive feedback on the proposed changes.

Please take the time to review, attend the hearings if possible and provide your comments/concerns.

Information from NCBASE:
The NC Division of Coastal Management is holding public hearings and accepting feedback regarding the proposed changes to the Inlet Hazard Areas (IHA). The proposal put forth will 1) greatly expand inlet hazard areas as well as 2) significantly change in the way that setbacks are measured in these areas. If approved by the Coastal Resources Commission, this proposal will impact thousands of acres of coastal land and thousands of parcels and structures in our region.

The proposed rules can be found in the attached document (click here) on pages 16. On pages 6 – 7, you can see the breakdown (structure, acres) by community.

Here are some additional links to resources related to the IHA update:

Inlet Hazard Area Update Report The CRC Memo which includes the basis for the rules, also includes new maps starting on page 103.
Proposed IHA Erosion Rate Setback Factor Report
The Division’s Interactive Online Map Viewer (click on data layers to turn on/off and get more info)

Please review the new maps and new rules. Then make plans to attend the public hearings and make your voice heard.

Public Hearings and Comment Period:
Public hearings start on December 17, 2019 in Brunswick County and will be held in a number of coastal locations through mid-January. The full schedule is at the end of this document. Written comments, questions and feedback will also be accepted. Provide written comments, questions and feedback via email to DCM Director Braxton Davis (braxton.davis@ncdenr.gov) and/or Ken Richardson (ken.richardson@ncdenr.gov).

Comments will be accepted through January 31, 2020. Depending on breadth of comments, the issue could go to the Coastal Resources Commission at the February 2020 meeting and have an implementation date of April or May 2020.

Over the same period, the state of North Carolina and individual communities have continued to proactively advance coastal management strategies including the creation of a shallow draft inlet fund, the permitting of terminal groins and investment in continued coastal storm damage reduction projects to enhance our coastal infrastructure.

Concerns:

The impacts of the expanded Inlet Hazard Areas and revised setback calculations will be widespread and significant.
- Has DCM notified property owners that will be in the expanded Inlet Hazard Area?
- Has DCM notified property owners in the current Inlet Hazard Area that the setback factors are changing?

The Proposed IHA Rule Changes and new setback calculations could result in a taking of private property if they completely prevent development of a parcel. For example, if a lot is 150′ deep and its setback goes from 60′ to 240′-it is unbuildable.

The Proposed IHA Rule Changes may increase the CRC’s exposure to takings claims. Such claims may arise because the Proposed IHA Rule Changes and setbacks would prohibit development within areas in which development is not currently prohibited. They may also arise where property owners who acquired or held their property with the expectation of being able to develop at a certain intensity are not satisfied with the limited development potential that the Proposed IHA Rule Changes would permit in protected IHAs

The grandfathering provisions need to be expanded. The grandfathering protection the CRC Memo says would apply to all lots under 15,000 sq.ft. is not actually included in the Proposed IHA Rule Changes.

The CRC Memo states that the Proposed IHA Rule Changes include provisions to grandfather all existing structures within the new IHAs as well as all lots under 15,000 square feet, platted after July 23, 1984 or before the effective date of the Proposed IHA Rule Changes, with respect to density restrictions. However, there is no language in the Proposed IHA Rule Changes that expressly grandfathers such lots.

The cumulative effect of the Proposed IHA Rule Changes is to make an additional 1,819.7 acres of coastal land subject to development restrictions-in addition to expanding restrictions on existing parcels in the IHA. This will impact property values in a range of affected communities.

The Proposed IHA Rule Changes imply a causal connection between the size of a structure, the number of units in a structure, and the size of a lot and the risk of erosion, flooding, and other adverse effects of sand, wind and water associated with dynamic ocean inlets. It is unclear, however, how the size of a home, the number of units, or size of a lot has any causal relationship to the risk of realizing hazards associated with dynamic ocean inlets.

The revised rules will negatively impact property values and complicate potential sales and financing as a result of the “new” nonconforming status of the structures and parcels identified in the CRC Memo. To help alleviate the concern about making existing structures nonconforming, CRC could include a provision in the Proposed IHA Rule Changes that would allow for reconstruction of nonconforming structures and structures on nonconforming lots without the need to come into compliance with current rules.
- Table 3 of the CRC Memo shows that, under the Proposed IHA Rule Changes, the number of lots within IHAs that do not meet the 15,000 square feet minimum lot size requirement more than doubles, from 894 lots to 1,805 lots.
- Similarly, Table 2 of the CRC Memo shows that, overall, the Proposed IHA Rule Changes would increase the number of structures with heated area greater than 5,000 square feet within or intersecting IHA boundaries from 24 to 41. Under the Proposed IHA Rule Changes, all such structures would be non-conforming with respect to the proposed maximum floor area allowance.

Public Hearing Schedule / Inlet Hazard Area Update

Brunswick County December 17, 2019 10:00 a.m.
Brunswick County Government Complex
30 Government Center Drive, NE
Bolivia, NC 28422

New Hanover County December 17, 2019 3:00 p.m.
New Hanover County Government Center
230 Government Center Drive
Wilmington, NC 28403

Onslow County December 18, 2019 10:00 a.m.
Sneads Ferry Library
1330 Highway 210
Sneads Ferry, NC 28460

Pender County December 18, 2019 3:00 p.m.
Assembly Building
720 Channel Blvd.
Topsail Beach, NC 28445

Carteret County January 7, 2020 3:00 p.m.
NCDCM
400 Commerce Avenue
Morehead City, NC 28557

Hyde County January 8, 2020 10:00 a.m.
Community Center – Multipurpose Room
30 Oyster Creek Road
Swan Quarter, NC 27885
*broadcast simultaneously to Ocracoke Island:

Ocracoke Community Center
999 Irvin Garrish Highway
Ocracoke, NC 27960

Dare County January 14, 2020 11:00 a.m.
Town of Nags Head
Board of Commissioners Room
5401 S. Croatan Highway
Nags Head, NC 27959

Receipt of Inlet and Beach Protection Board Report

Previously reported –
Ordinance 18-02 established the Inlet and Beach Protection Board
The Ordinance requires a written report from this Board

Agenda Packet –
November IBPB Meeting Update

The Inlet and Beach Protection Board (IBPB) met November 21and the following issues and topics were discussed and addressed:

Status of the Beach and Inlets: Staff provided an overview of current and future projects, efforts and conditions, and issues relative to the beach strand and inlets. Highlights include:

- CRR FEMA Reimbursement: The status of the $25,000,000 FEMA Florence and Michael remediation project, now known as the Central Reach Reimbursement Project, (CRR Project) was discussed. The approved project worksheets needed before work can start have cleared Environmental review and are now in the Office of Legislative Affairs, pending release.

- Sand Search: The sand sourcing needed for the FEMA/CRR project is moving forward. All borings have been taken and are being analyzed. Next up is an archeological assessment and a check for hard bottom. The area targeted is SSE of the Lockwood Folly Inlet.

- Hurricane Dorian: The Scoping meeting with the state has been completed and these numbers have been transmitted to FEMA. We have been notified that additional survey information to depth of closure will be needed. The Town has been complimented on their efforts to get numbers in to FEMA in a timely fashion and the staff’s ability to engage with expertise in navigating the portal.

- LWFIX and Bend Widener: The pending projects were detailed and discussed. The Corps had previously confirmed that a dredging project would occur this winter and place approximately 135,000cy of material from the bend widener and80,000cy from the LWFIX on the East End and funds were secured from the Town, County and the State which were forwarded to the Corps. The proposed schedule for work will be late November to late December. While we are excited about sand being added to the system, the downside is possible sand loss due to winter storms. Sand fence will be placed after the project completes. Sand fence is critical with this project due to the quantity of fines.

- Lockwood Folly Dredging: The inlet is experiencing shoaling from Hurricane Dorian. The Town will be participating in a County/State partnership initiated by the Corps to dredge the outer bar using the Merritt side-caster dredge to clear the inlet. The Town will be contributing 25% of the local share. The Merritt is expected to begin work November 22. The budget amendment to fund the work was approved on November 19.

- Corps Engagement: The GRR/50 Year Plan/15 Year Plan Study and the separate 1966 Dune and Berm Construction Projects precipitated from the Wilmington District of the Corps of Engineers and the lobbyist’s efforts were touched on. A decision from the Corps was anticipated by the end of August, but the decision is still pending.

- UNCW Collaboration: Representatives from UNCW have presented a contract and scope of work to begin working on the vegetation study and the inlet changes document. Town Staff is ready to move ahead.

- Annual Beach Monitoring Report: The annual Beach Monitoring Report was presented at the October BOC meeting. It is being reviewed by Town staff.

- Other Updates: “Keep Off the Dunes” signs, which were approved in the adopted budget have been ordered. Mats will be ordered this winter. Steve Mercer, of Coastal Transplants, has been harvesting Sea Oat seeds. The IBPB received a hardcopy of the Oceanfront and Inlet Management Plan dated October 2019.

Meeting Updates:

- Brunswick County Shoreline Protection: The IBPB was represented at the meetingOctober 2,2019. The next scheduled meeting will be in January.
- ASBPA: Members, Commissioners and Staff attended the American Shore and Beach Preservation Association (ASBPA) National Meeting October 22-25 in Myrtle Beach. Town Manager Hewett, Assistant Town Manager Ferguson and the Town’s engineer, Fran Way of ATM presented on the Central Reach Project at the conference. The presentation was well received.

- Quarterly MOA: IBPB members, Staff and a Commissioner attended or dialed in to the quarterly MOA meeting in New Bern. The bid for this winter’s dredging of the Lockwood Folly Crossing and Bend Widener has been awarded. This project would place “‘215Kcy of material on the east end of the beach. The side-caster dredge Merritt will be in the inlet this month to alleviate shoaling from Hurricane Dorian. The local portion of the cost will be split SO% County, 25% Oak Island and 25% Holden Beach.
- NCBIWA: IBPB members, the Mayor and Staff also attended the NC Beach, Inlets and Waterway Association’s Annual Meeting in Wrightsville Beach November 12, 13.

The Board’s next meeting will be December 19, a week earlier due to the Christmas holiday.

General Comments –

Commissioner Fletcher – was not in attendance
Commissioner-Elect Murdock – was not in attendance

Light refreshments were provided at the conclusion of the meeting.

There were forty-seven (47) members of the community in attendance
Average attendance at meetings for 2019 was twenty-four (24)
¯\_(ツ)_/¯ Maybe we should serve refreshments at all the meetings

The BOC’s January Regular Meeting is scheduled on the third Tuesday of the month, January 21^st

Loose Ends –

1. - Development Fees June 2018
  - Poyner Spruill Consulting Services Contract December 2018
  - Commercial District February 2019
  - Vacuum Sewer System Station #3 June 2019
  - MAPS / Pay Study September 2019
  - Land Use Plan October 2019
  - Parking October 2019
  - Mega-Houses October 2019
  - Audit Remedial Policies & Procedures November 2019

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

Budget Calendar –
Local governments must balance their budget by a combination of the following:
.     1. Raising taxes
.     2. Cutting spending
.     3. Operating more efficiently

The Town Manager’s proposed budget is due by June 1^stCommissioners must adopt budget no later than June 30^th for the next fiscal year

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

This is what I’d like to see the budget process look like starting in January –
.     1. Monthly Meetings / Workshops
.     2. Board Goals
.     3. Review Capital Improvement Plan
.     4. Staff presentations – wants / needs / revenue streams / cost cutting measures
.     5. Review Towns current level of services provided – change /add / delete
. 6. Review staffing and compensation package
.     7. Line by line review of the budget
.     8. Appropriate funds for the following:
.     • Beach Nourishment
.        • Dredging
.         • Infrastructure Reserves – Water System / Sewer System / Roads & Sidewalks

I respectfully submit My Xmas List

These are the items I would most like to see addressed this year.
.     1. Beach – Strand / Inlet / Groin
.       a) Select an East End nourishment project strategy
.       b) Support LWF Inlet waterway maintenance projects, keeping inlet navigable
.       c) Work together on beach protection issues with surrounding communities
.       d) Increase Beach Strand Ordinance Compliance & Enforcement
.       e) Expand Beach Ranger Program by having it cover shoulder tourist season too
.    2. Parking –
.       a) Develop plans for a promenade on Jordan Boulevard
.       b) Utilize acquired properties for additional parking
.       c) Prohibit right-of-way parking
.   3. Trash Services –
.       a) Offer a suite of services
.       b) Charge a user fee for those that want the service
.       c) Make policies both fair and consistent
.   4) Community Rating System –
.       a) Improve rating so flood insurance rates are discounted

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

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

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

Thank you for subscribing!

Do you enjoy this newsletter?
Then please forward it to a friend!

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

Wishing you and yours a Happy Holiday!

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/

12 – News & Views

Lou’s Views
News & Views / December Edition

Calendar of Events –

Las Vegas Night
The Rotary Club of Shallotte will host its fifteenth annual Las Vegas Night on Saturday, January 25^that 349 Whiteville Road, the Planet Fun building in Shallotte.

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 –

Run Holden Beach – 2020
The sixth annual “Run Holden Beach” event is scheduled on Saturday, January 18^th. Coastal Race Productions is planning a 1 mile “turtle trot”, 5K walk / run and a half marathon with all of these races starting and finishing under the bridge. This will all be followed by live music, games and an after party at the Holden Beach Pavilion.
This annual event includes three races –
Half Marathon – 7:00 AM
5K – 7:15 AM
1 Mile Turtle Trot – 8:30 AM
For more information » click here
Register » click here

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

Reminders

Yard Waste Service
Yard debris pick-up is provided twice a month on the 2^ndand 4^th Fridays during the months of October, November and December. 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 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.

BOC’s Meeting
The Board of Commissioners’ next Regular Meeting is scheduled on the third Tuesday of the month, January 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 $82.48 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

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.

Safety Notice –
Waupaca Elevator Company has issued an important safety notice. The potential hazard is associated with normal wear in your elevator. If your elevator develops the problem and it is not repaired, the elevator may drop unexpectedly with you in it and you may be injured. They recommend you contact your elevator service company.

Waupaca Elevator Recalls to Inspect Elevators Due to Injury Hazard
For more information » click here

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 –

Annual Beach Monitoring Report
Previously reported – October 2019
Agenda Packet –
The Town participates in annual beach monitoring in an effort to maintain a healthy beach and dune system and to keep our engineered beach status. These reports are also instrumental in serving as a baseline account of sand volume as compared to post-storm surveys. Mr. Fran Way with ATM is here to present data from the annual report and highlight changes since last year.

Applied Technology Management
ATM is a coastal engineering firm hired by the town to do the following:
.     1. Annual monitoring, data collection and reporting
.     2. Assess sand erosion
.     3. Evaluate nourishment
.     4. FEMA projects cost reimbursement support
.     5. Meet government regulatory permitting conditions

Annual monitoring has occurred since 2001. We have an engineered beach – which means it has been nourished and is being monitored.

Fran Way presented the annual beach monitoring report. They have completed the annual survey of the beach strand. Primarily they make sure the beach is healthy. Most sections of the beach strand are stable and had accretion. Beach equilibration has occurred, projects are designed to include a volume of sand that the waves and currents will transport offshore to fill in the lower parts of the beach profile. Some of the sand lost off shore has been come back in to the system. The beach strand is recovering nicely from the recent storm events. Ongoing beach management activity has made the beach strand wider than it was twenty years ago. We have used a significant amount of material from the borrow area and will need to identify new areas to take sand from for future large-scale projects.

Update –
Annual Beach Monitoring Report
For more information » click here

Corrections & Amplifications –

Gerrymandering
Previously reported – January 2018
Federal court voids North Carolina’s GOP-drawn congressional map for partisan gerrymandering
Read more » click here

Previously reported – September 2018
NC Congressional Districts Unconstitutionally Gerrymandered
A panel of three federal judges ruled for the second time this year that the state’s congressional map was drawn to so egregiously benefit Republicans that it violates the Constitution.

North Carolina Republicans’ long track record of unconstitutional laws
This week a panel of federal judges ruled that North Carolina Republicans unconstitutionally gerrymandered the state’s congressional districts to disadvantage Democrats, the latest move in a legal saga going back to 2011.

Gerrymandering is the process by which legislators draw voting districts that give their own party a political advantage. The North Carolina map, for instance, allowed Republicans to take 10 out of the state’s 13 House seats in 2016 despite winning 53 percent of the statewide popular vote.
Read more » click here

Previously reported – September 2018
North Carolina court strikes down state legislative map as unconstitutional gerrymander
A North Carolina court on Tuesday struck down the Republican-drawn state legislative map as an illegal partisan gerrymander and gave lawmakers two weeks to enact new district lines for next year’s elections.
Read more » click here

Three North Carolina Judges Step in Where the Supreme Court Refuses
The Supreme Court’s conservatives said gerrymandering was not a matter for courts, leaving the job of protecting democratic self-rule to state judges.
Read more » click here

Previously reported – November 2019
North Carolina’s congressional map is illegal Republican gerrymander
A North Carolina court on Monday temporarily blocked the state from using its congressional map in next year’s elections and strongly suggested it would eventually rule the districts were illegally gerrymandered to favor Republicans.
Read more » click here

NC judges approve legislative maps,
rule against congressional maps in 2020 elections
North Carolina judges on Monday ruled against the state’s congressional map being used in the 2020 elections, and approved state legislative maps that were redrawn and passed in September. The court rulings came in two cases challenging state legislative and federal congressional maps. In one case, a three-judge panel ruled that new maps drawn in September in state legislative races can be used starting in 2020. In September, the three-judge panel issued a ruling ordering the North Carolina General Assembly to redraw the districts. In a separate ruling, the three-judge panel entered an injunction preventing 2020 Congressional races from using 2016 maps. The order suggests that the date of the 2020 primary election may be moved for the congressional races or even all races on the ballot if necessary. In an opinion from the preliminary injunction, the court referenced recently re-drawn North Carolina General Assembly maps as proof the legislature can draw new maps quickly.
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Democrats vow court fight to block new N.C. congressional map
North Carolina Republicans approved a new congressional map Friday that would cost the party at least two House seats and potentially roil the state’s delegation — but Democrats immediately objected, saying it’s still a GOP gerrymander.
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Update –
Judges: New North Carolina Congress map will be used in 2020
North Carolina judges ordered a new U.S. House district map that Republican state legislators drew last month be used in the 2020 elections, deciding on Monday there wasn’t time to scrutinize the boundaries further for any left-over extreme partisan bias. The three-judge panel agreed it was too late in the election cycle to receive evidence and testimony that would be necessary to consider detailed redistricting arguments from the lawmakers and from Democratic and independent voters who challenged the latest congressional maps.
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Odds & Ends –

Christmas Trees Recycling
Christmas trees can be recycled to help build sand dunes on the beach. It is a way to build more protection on the shore by using them as a natural and biodegradable sand fencing. The trees are positioned facing downward at a 45-degree angle. Once the trees are laid down, they are left completely exposed except for the tips, which are covered in sand. The needles of the branches catch the sand and it starts to accumulate until gradually the sand will bury the tree and build up the dunes around them. As the tree biodegrades, it provides nutrients to the other plants and organisms around it.

Oak Island inches closer to major sand projects
Oak Island is likely close to receiving permission from environmental regulators for a major sand project this winter, a consulting engineer told Town Council Tuesday. The town is also expected to soon receive standing permission to dredge Lockwood Folly Inlet to its federally authorized depth, said Johnny Martin of the Moffatt & Nichol firm.
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Hopes for adding sand at Oak Island are dashed
Barring a last-minute, dramatic change, hopes for adding sand to parts of Oak Island’s beach are dashed for this winter season. The first round of soliciting bids brought no responses in late November. After waiting the required 10 days, the town again sought bids and the single response was more than twice what engineers and town officials planned for. The idea was to put sand from Jay Bird Shoals along the east and central portions of the beach, starting at about SE 63rd Street, roughly where sand from last year’s harbor deepening project stopped. Crews would build a base and dune capable of withstanding a once-in-25-year storm, roughly seven feet tall, extending to 22nd Place East. Two alternative add-on projects could have placed sand as far as 10th Place East. The town’s contract engineers, Moffatt & Nichol, told Town Council in November they expected the cost to be about $8-million, with the Federal Emergency Management Agency picking up 75-percent of the bill, roughly $6.02-million. State disaster aid and town funds would cover the remaining $2-million. The lone bid submitted on December 5 was from Weeks Marine Inc.’s Louisiana division. Including both alternatives, it was for $16,078,500. Town manager David Kelly said it appears the town can still do the work but will have to wait another year. In general, beach renourishment is allowed only from October to April, so that work won’t disturb nesting sea turtles. “It’s just not economically feasible for the town to pay $30 per cubic yard of sand,” Kelly said. Kelly added that the town expects to receive environmental permits for the job by later this month. Representatives from Moffatt & Nichol plan to attend the special council meeting on Tuesday, December 17 at 6 p.m.Oak Island. Sand project dead for this winter.
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This & That –

Public meeting tonight regarding Carolina Bays Pkwy extension into NC
The NCDOT and SCDOT will hold a public meeting Tuesday in Sunset Beach regarding the proposal to extend the Carolina Bays Parkway. The goal is to extend the parkway (S.C. 31) from S.C. 9 in Horry County, South Carolina into North Carolina to U.S. 17 in Brunswick County. The project calls for a multi-lane freeway. The freeway would be on some existing roadways and some in new locations. The project would increase connectivity for Brunswick County and surrounding residents who frequently travel into South Carolina, as well as enhance mobility for the traffic in the area. Some of the current roadways and intersections are set to exceed the roadway capacity limits by 2040. Nine concepts have been developed for this project. Those maps can be found on the NCDOT Public Meetings website.
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S.C. 31 extension concepts mapped at public meetings
Nine corridor concepts for extension of the Carolina Bays Parkway, aka S.C. 31, into Brunswick County were under scrutiny at two public meetings last week. The drop-in public information meetings were orchestrated by the North Carolina and South Carolina departments of transportation last Tuesday, Dec. 3, at Sea Trail in Sunset Beach and Wednesday, Dec. 4, in Little River to give residents opportunity to review maps and ask highway officials and consultants questions. The meetings were in “open house” format with no formal presentations. The project would extend the parkway from its current terminus at S.C. 9 in Horry County, S.C., to the U.S. 17 Shallotte Bypass in Brunswick County. The purpose of the project is to “improve the transportation network by enhancing mobility and connectivity for traffic moving in and through the project area,” according to highway officials. The nine concepts were presented on aerial photographs mapping each possibility, which would begin at the existing parkway/S.C. 9 interchange in South Carolina and end at the U.S. 17 Shallotte Bypass in North Carolina. The concepts reflected tie-in variations between those two points, five of which would go through Indigo Farms, the Bellamy family’s historic six-generation Century Farm straddling the state line. “All concepts would use existing U.S. 17 for approximately 6.3 miles between N.C. 904 between N.C. 904 (Longwood / Seaside roads) and N.C. 130 in Brunswick County,” reads information about the project at publicinput.com/carolina-bays-pkwy, where comments can be submitted, and maps of each concept viewed. In addition, the proposal calls for converting three existing intersections along this section of U.S. 17, including N.C. 904, Ocean Isle Beach Road and U.S. 17 Business/Main Street in Shallotte. The concepts were developed to “minimize impacts to natural and human environment features such as homes, businesses, wetlands and streams,” according to posted information. The concepts are also wider than the area needed for a future road. “The study corridors shown are generally 1,000 feet wide, but the recommended right-of-way width will be much narrower, in general approximately 400 feet,” reads information on the site. The public is invited to submit comments to NCDOT’s public engagement platform, which can be reached from its aforementioned project web page. In addition to maps and project details, contact information is available on the website. Questions can be directed to project manager Krista Kimmel at NCDOT, 5501 Barbados Blvd., Castle Hayne, NC 28429 or by calling 341-2000 or khkimmel@ncdot.gov. The contact person for South Carolina is Leah Quattlebaum, Pee Dee regional production engineer, SCDOT, P.O. Box 191, Columbia, SC 29202; phone 803-737-1751 or quattleblb@scdot.org.
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From Ocean Ridge Master association (ORMA)
Impact of Carolina Bays Parkway (SC 31) Extension

Background:
The North Carolina and the South Carolina Departments of Transportation are planning to extend Carolina Bays Parkway (SC 31) from SC 9 in Horry County, SC, across the North Carolina state line to US 17 in Brunswick County. The project is not yet funded but under study. The latest summary concept map shows the 9 possible routes all ultimately converging at the US 17 and NC 904 intersection before traveling along US 17 in front of the Ocean Ridge front gate. The highway will be limited access with several interchanges.

Click here for the NCDOT site to view the summary and 9 individual concept maps with the right of way “shading” along the route.

Click here for more details on project timeline and cost.

Likely Impact:

(1) Limited access means no direct entrance from the highway into communities. There may be a “service” road parallel to US 17 and/or Ocean Ridge may lose its “premier entrance.”

(2) Plans show the OR front gate, several Lions golf holes, and parts of Windsor Circle in the “right of way” for the routes which the state may take for highway expansion and construction.

(3) The highway route cuts elementary and middle school districts in two, as well as, the local fire district. Bus routes for school children will be longer and response time for first responders will change

Public Comments Due:
You have until January 10,2020 to make comments directly to the NCDOT via https://www.publicinput.com/Carolina-bays-pkwy or by phone or email. You may also contact your State Representatives, NCDOT Project Manager, and County Commissioners with your comments and concerns.

State Representative Frank Iler: Frank.Iler@ncleg.net
State Senator Bill Rabon: Bill.Rabon@ncleg.net
NCDOT Project Manager Krista Kimmel: khkimmel@ncdot.gov
County Commissioners: https://www.brunswickcountync.gov/board-commissioners/contact/

County board concerned about S.C. 31 extension
The Brunswick County Commissioners expressed opposition to proposed plans for the extension of S.C. 31, also known as the Carolina Bays Parkway Extension, during their regular meeting Monday, Dec. 16. Ocean Isle Beach resident Eric Edgerton spoke first regarding the proposed highway plan during the public comment segment of the meeting. He told commissioners that the project will “make a monster of our county; it’s the right road, in the wrong place,”.
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Factoid That May Interest Only Me –

Holden Beach events help ‘pay it forward’
From one hand to another, Holden Beach merchants have initiated a chain reaction as donations to one charity “pay it forward” to other charitable organizations in Brunswick County. The Holden Beach Merchant’s Association recently selected A Second Helping as its designated charity following Days at the Docks and Festival by the Sea In turn, A Second Helping selected three county agencies, enabling these charities to further extend their efforts to help needy families in Brunswick County. Following the Holden Beach events Days at the Docks and Festival by the Sea, the Greater Holden Beach Merchants Association determined all expenses incurred during the annual festivities were paid and money was available for next year’s events. With the remaining proceeds, the organization sat down to select a deserving charity. In years past, the association had donated funds and supplies to Fix a Friend Spay Neuter Clinic and Brunswick Senior Resources Inc. This year, the association selected a charity closer to home. The Holden Beach merchants wrote a $1,000 check to A Second Helping, according to Dee Carlisle, president of the Holden Beach association.

A Second Helping is a local organization that collects unused items from departing vacationers as they travel from the island along the causeway. The organization sets up a collection center in the Beach Mart parking lot courtesy of owner Lyn Holden. This past summer, A Second Helping collected 14,330 pounds of food, paper products, unused toiletries, garbage bags and sometimes cash, according to Doug Cottrell, operations director for A Second Helping. The items are distributed throughout the county wherever they can be best used. A Second Helping added the Holden Beach Merchant’s Association’s gift to donations previously collected from generous tourists. A Second Helping then distributed three $1,000 donations to the Brunswick Christian Recovery Center, the One Can Ministry emergency pantry and the Loaves and Fishes Pantry. “It is … interesting how others support what we do,” Cottrell stated in an email. “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. I guess I could go on and on. “Needless to say, I try to run as crisp a volunteer group as I can and make sure everything, we get is re-distributed. ‘One-stop giving’… so to speak. “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.”

“A Second Helping helps provide a very important service for BCRC (Brunswick Christian Recovery Center),” said Josh Torbich, director of BCRC. “Often times the common cost end up being the most extensive when you have residential care facilities. “The amount of everyday use items we consume as an organization is a heavy burden on our finances each month. “Of course, it is also one of the most important. With the services of A Second Helping we are able to majorly reduce the cost of these items by the kind and generous contributions of this awesome organization. It allows us to continue to focus on other areas while we know this particular need will continue to be filled.” Donations such as those made by A Second Helping allow Brunswick Christian Recovery Center to provide 16 weeks of free residential recovery for individuals seeking substance abuse assistance. The center, located in Ash, first opened its doors in 2011. Its director, Torbich, knows first-hand how debilitating and destructive addiction can be. A former heroin addict, Torbich draws on his personal struggle to help other men whose lives have become “very dark.”

The Sharon United Methodist Church also runs a thrift store, the Rose of Sharon Thrift Store located at 2060 Holden Beach Road. The pantry has fed more than 565 families, or 1,596 individuals, between January and October. In addition to the offerings of A Second Helping, church parishioners and the town of Holden Beach help keep the pantry shelves well stocked. According to Teeple, A Second Helping is very important as it “provides a variety of foods because the vacationers are from all over the place. They are very important. It’s a lot of work.”

A Second Helping also donated $1,000 to the Loaves and Fishes Pantry at the Brunswick Islands Baptist Church in Supply. The Beacon was unable to contact the Rev. Rudy Ramphal or any members of the Brunswick Islands Baptist Church for comment.
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A Second Helping
They just completed the fifteenth year of the program. For the last thirteen weeks they have collected food on Saturday mornings in front of Beach Mart; the food is distributed to the needy in Brunswick County. During this summer season, they collected 14,330 pounds of food and $2,780 in monetary donations. Their food collections have now exceeded two hundred and forty-three thousand (243,000) pounds of food since this program began in June of 2005. Hunger exists everywhere in this country. Thanks to the Holden Beach vacationers for donating again this year! 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/

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

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Climate
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The biggest climate stories you might have missed — but still have time to read.
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Development Fees
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Flood Insurance Program
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FEMA postpones flood insurance rate revamp amid backlash
FEMA is delaying a sweeping overhaul of flood insurance rates by one year, after the planned changes sparked concerns in Congress about premium hikes. The agency said its Risk Rating 2.0 initiative will be implemented on Oct. 1, 2021, rather than Oct. 1, 2020 — a move that takes off the table a potential spike in rates for homeowners in the run-up to next November’s elections. Under the initiative, which FEMA announced in March, the Trump administration is seeking to modernize the system by which the National Flood Insurance Program assesses risks and sets insurance rates for millions of homeowners across the country. The revamp is intended to provide a more accurate picture of perils facing individual properties, meaning it would likely lead to higher flood insurance rates for some homeowners and lower rates for others. The potential for rising flood insurance costs has spurred coastal lawmakers over the last several months to push back on FEMA’s efforts. For them, the delay was a welcome development. “This should have been announced long ago,” Rep. Garret Graves (R-La.) said in an interview. “FEMA has been as clear as mud about what Risk Rating 2.0 actually is.” The delay underscored the struggle in modernizing the program, which is in debt to the Treasury after years of devastating hurricanes. Its approach to assessing risk has largely gone unchanged since the 1970s. “It’s complicated,” said Laura Lightbody, who directs the flood-prepared communities initiative at the Pew Charitable Trusts. “But the purpose of doing it is to make sure that rates better reflect today’s risk. Changing the date, I don’t think should be the focus.”

FEMA said it was postponing the changeover because more time was needed for a comprehensive analysis of the proposed rating structure. FEMA’s goal as it conducts further review is “to protect policyholders and minimize any unintentional negative effects of the transition.” The extension, FEMA said, would also allow for all NFIP policies to change over to the new rating system at one time, rather than a phased approach as originally proposed. “Over the course of the next year, FEMA will continue to actively engage with Congress and other key stakeholders to ensure transparency and visibility as we work to transform the NFIP,” the agency said. The problem for many coastal lawmakers ahead of Thursday’s announcement was that FEMA had not conveyed what the potential impacts of Risk Rating 2.0 would be. That concern prompted 64 House members to demand last week that new caps on premium increases be included in a long-term flood insurance program reauthorization bill that is awaiting a vote on the House floor, as well as a delay of Risk Rating 2.0. “Republicans, Democrats, House, Senate, all of us have been pushing FEMA to provide some transparency, to open up the black box, to help us understand what they’re doing and how our reauthorization should take that into consideration,” Graves said. “It has been impossible to do so.” In the House and Senate, members on Thursday signaled they were undeterred in pushing for new affordability protections in upcoming flood insurance reauthorization bills. Rep. Frank Pallone (D-N.J.), chairman of the House Energy and Commerce Committee, said in a statement Thursday that a “strong premium cap” was needed in the flood insurance legislation to protect homeowners. Sen. Bob Menendez (D-N.J.), who has been leading the charge in the Senate, also viewed the delay as only a temporary fix. He planned to push for a “single-digit cap” on annual rate increases and a strong affordability program, a Menendez aide said. “A one-year delay does not alleviate the concern and likely pain for policyholders during a five-year reauthorization without meaningful caps and affordability built into the NFIP program,” he said.
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Congress extends flood insurance program for 13th time since 2017
Congress granted another short-term extension of the National Flood Insurance Program (NFIP) on Thursday, marking the 13th temporary renewal since June 2017. The NFIP, which provides flood insurance to more than 5 million households, was extended through Dec. 20 as part of a continuing resolution passed by the Senate. The extension gives lawmakers more time to decide which of the multiple bills in Congress they want to reform NFIP and reauthorize the federal program through September 2024.
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National Flood Insurance Program: Reauthorization
Congress must periodically renew the NFIP’s statutory authority to operate. On November 21, 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 December 20, 2019.

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.
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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.

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
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EPA moves forward with plan to address PFAS in drinking water
The EPA is inching forward with their plan to address forever chemicals in our water. The agency announced forward momentum this week on efforts to eventually put a legal limit on how much PFOA and PFOS is allowed in drinking water, give the government authority to investigate spills and make companies pay if the chemicals are discharged into the environment. All of this comes months after the EPA announced a historic plan to regulate the chemicals in February of this year. When the plan was announced last winter, leaders said they expected a “regulatory determination” to come down by the end of the year. On Wednesday, the agency delivered on that promise. PFOA and PFOS are man-made substances often released through industrial manufacturing that do not degrade in the environment. Those chemicals are part of a larger set of chemicals known as PFAS. PFAS have been linked to developmental issues, cancer and problems with the thyroid and liver.
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Homeowners Insurance
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Hurricane Season
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Grants OK’d for Emerald Isle, Holden Beach
North Carolina and Federal Emergency Management Agency officials announced Thursday more than $54.9 million in hurricane- and tropical storm-related public assistance grants have been approved for Emerald Isle and Holden Beach. The grants are to reimburse expenses to renourish public beaches in the coastal towns which were damaged by storm surges during Hurricane Florence and Tropical Storm Michael in 2018. Emerald Isle is to replenish with more than 2 million cubic yards of sand and more than 377,000 square yards of plants damaged during Hurricane Florence. The sand equals more than 20 times the amount of concrete in Charlotte’s Bank of America Stadium and the volume of plants covers 78 acres, according to the announcement. Holden Beach will replenish more than 389,000 cubic yards of sand damaged during Tropical Storm Michael. FEMA’s Public Assistance program provides grants for state and local governments and certain private nonprofit organizations to reimburse the cost of debris removal, emergency protective measures and permanent repair work. Public Assistance is a cost-sharing program. FEMA reimburses applicants at least 75% of eligible costs, and the remaining 25% is covered by the state. The federal share is paid directly to the state, which disburses funds to agencies, local governments and certain private nonprofit organizations that incurred costs. FEMA’s combined share for the Emerald Isle and Holden Beach projects is more than $41.2 million and the state’s share is more than $13.7 million.

The state and FEMA have approved more than $72 million to restore North Carolina beaches since the 2018 storms.
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Topsail Beach, Holden Beach receive more storm restoration funding
The State of North Carolina and FEMA on Wednesday announced more than $30 million total headed to Southeastern North Carolina beach towns from hurricane- and storm-related damage. In all, beaches in New Hanover, Pender and Brunswick counties suffered more than $119 million in damage from Florence, and that doesn’t include previous issues, or problems that surfaced during Hurricane Dorian in September 2019. The town of Holden Beach is receiving $15.8 million, and that money is expected to be used to help replenish more than 722,000 cubic yards of sand and more than 2,500 square yards of plants damaged during Florence, according to a press release. The recent funding is in addition to $8.5 million approved earlier this month for Tropical Storm Michael-related beach damage. In addition, $18.8 million will be given to the Town of Topsail Beach for its damages from Florence. It is expected to replenish more than 939,000 cubic yards of sand damaged or lost during that storm. The town recently started a $24.6 million project for dredging and beach renourishment. These funding packages are part of FEMA’s Public Assistance program, which provides grants for state and local governments and certain private nonprofit organizations to reimburse the cost of debris removal, emergency protective measures and permanent repair work. Public Assistance is a cost-sharing program. FEMA reimburses applicants at least 75 percent of eligible costs, and the remaining 25 percent is covered by the state. The federal share is paid directly to the state, which disburses funds to agencies, local governments and certain private nonprofit organizations that incurred costs. In all, more than $107 million has been approved to restore North Carolina Beaches since the 2018 storms.
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Inlet Hazard Areas
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The Holden Beach Property Owners Association (HBPOA) has been monitoring the proposed changes to the Inlet Hazard Area (IHA) boundaries on the east and west ends of our island. The proposed IHA will impact more than 200 property owners on the west end of our island by placing new restrictions on what they can build (or rebuild) on their property.

This is the highest number of structures in any IHA in the state and adding this many properties to an IHA on our island will have a significant impact not just to the impacted property owners, but to our overall tax base as well. We don’t understand the rationale behind this change, since the west end of Holden Beach has been continuously accreting for decades, as documented in surveys by the Town’s engineer. The Inlet Hazard Area Method (IHAM) does not take any of this into account.

Ken Richardson reported at the NCBIWA conference that public hearings on the IHA changes will begin next month and comments will be closing at the end of January. We are trying to notify our impacted property owners so they can provide input, but there is no notice of the hearing on the Division of Coastal Management website, only scientific documents.

We need your help with informing our property owners. Given the significance of the changes to the IHA and the short timeframe for input occurring over the holidays, the HBPOA would like to conduct a public hearing or information session to inform our members about this significant potential impact to their property. Your assistance with conducting this session would be greatly appreciated.

Soon to be Commissioner Brian Murdock sent e-mail, this was the response from Braxton C. Davis, Director – NC Division of Coastal Management / Department of Environmental Quality

I understand your concerns and agree that the timing of the hearing is probably not good for many who are planning to travel for the holidays. I also appreciated the comments made by Tim Evans on behalf of the Town at our meeting this week. Our December hearing has already been advertised in the newspaper, so we will need to move forward with it, but we are absolutely willing to come back in January to hold a “workshop” so that we can try and clarify the overall process and background on the proposed changes, and to make sure we get additional public comments to take back to the Commission at their meeting in February. We will also begin a 60-day public comment period on Dec. 2 (ending late January) – it will be announced in the NC Register, and written comments can be sent to me at the office address below or via email.

Inlet Hazard Area Changes
If your property is west of Sailfish or East of Blockade Runner, you should be aware of the proposed changes. For more information and the maps, check out the Hot Topics page on the HBPOA website.
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Please take the time to review, attend the hearings if possible and provide your comments/concerns.

The proposed rules can be found in the attached document (click here) on pages 16. On pages 6 – 7, you can see the breakdown (structure, acres) by community.

Here are some additional links to resources related to the IHA update:

Inlet Hazard Area Update Report The CRC Memo which includes the basis for the rules, also includes new maps starting on page 103.
Proposed IHA Erosion Rate Setback Factor Report
The Division’s Interactive Online Map Viewer (click on data layers to turn on/off and get more info)

Please review the new maps and new rules. Then make plans to attend the public hearings and make your voice heard.

Concerns:

The impacts of the expanded Inlet Hazard Areas and revised setback calculations will be widespread and significant.
- Has DCM notified property owners that will be in the expanded Inlet Hazard Area?
- Has DCM notified property owners in the current Inlet Hazard Area that the setback factors are changing?

The Proposed IHA Rule Changes and new setback calculations could result in a taking of private property if they completely prevent development of a parcel. For example, if a lot is 150′ deep and its setback goes from 60′ to 240′-it is unbuildable.

The grandfathering provisions need to be expanded. The grandfathering protection the CRC Memo says would apply to all lots under 15,000 sq.ft. is not actually included in the Proposed IHA Rule Changes.

The cumulative effect of the Proposed IHA Rule Changes is to make an additional 1,819.7 acres of coastal land subject to development restrictions-in addition to expanding restrictions on existing parcels in the IHA. This will impact property values in a range of affected communities.

The Proposed IHA Rule Changes imply a causal connection between the size of a structure, the number of units in a structure, and the size of a lot and the risk of erosion, flooding, and other adverse effects of sand, wind and water associated with dynamic ocean inlets. It is unclear, however, how the size of a home, the number of units, or size of a lot has any causal relationship to the risk of realizing hazards associated with dynamic ocean inlets.

The revised rules will negatively impact property values and complicate potential sales and financing as a result of the “new” nonconforming status of the structures and parcels identified in the CRC Memo. To help alleviate the concern about making existing structures nonconforming, CRC could include a provision in the Proposed IHA Rule Changes that would allow for reconstruction of nonconforming structures and structures on nonconforming lots without the need to come into compliance with current rules.
- Table 3 of the CRC Memo shows that, under the Proposed IHA Rule Changes, the number of lots within IHAs that do not meet the 15,000 square feet minimum lot size requirement more than doubles, from 894 lots to 1,805 lots.
- Similarly, Table 2 of the CRC Memo shows that, overall, the Proposed IHA Rule Changes would increase the number of structures with heated area greater than 5,000 square feet within or intersecting IHA boundaries from 24 to 41. Under the Proposed IHA Rule Changes, all such structures would be non-conforming with respect to the proposed maximum floor area allowance.