Holden Beach Property Owners Association

The Board of Commissioners met Tuesday, June 21.  The results of the meeting are below.

2.    Call to Order/ Welcome Commissioners Brown and Murdock were absent due to illness.  Commissioner Murdock participated for part of the meeting via phone.

3.   Pledge of Allegiance

4.    Agenda Approval Voted unanimously to amend agenda to move items #10 and #17 up on the agenda.  Approved as amended.

5.    Approval of Minutes Minutes approved with the correction on May 20 Minutes to change “moral” to “morale”.
a.     Minutes of the Special Meeting of April 21, 2022
b.     Minutes of the Special Meeting of April 25, 2022
c.     Minutes of the Regular Meeting of May 17, 2022
d.     Minutes of the Special Meeting of May 20, 20226.   Public Comments on Agenda Items

Pat Cusak: Project Coordinator for Turtle Patrol.  In favor of lighting ordinance.  They lose hatchlings every year due to lighting on the beach. 

John Safelli: President of the Turtle Patrol, supports the lighting ordinance changes.

Ashley Royal: Agenda #14 Strong supporter of private business but not in favor of selling items on the beach strand.  It would be hard to turn away others who wanted to sell things or services.

Jeff Trombly: not in favor of flood lights.

Marti Arrowood: In favor of Sunset Slush pushcarts on the strand.

James Bauer:  Concerned about the Town’s finances. Regarding slushies on the beach, concerned about opening the door and where it stops.  Does not think it is a good idea.  Asked what is going on with the pier?  Is there any further information?

Additional Comment posted online.

6A.   Lighting Ordinance changes. Moved up Item Number 10, see below.

6B.   Paid Parking Ordinance changes moved up.  See item number 17 below.

7.    Police Report – Lieutenant Dilworth   Busy summer.  There was no train wreck as mentioned on the report.  Golf cart compliance is improving. Traffic has not required closing the left turn on the bridge. 

8.    Fire Department Update – Fire Chief Todd Call volume is increasing.  Average response time on the beach is 6:56 minutes this year, 7:22 minutes last year.  Three structure fires so far on the island this year.  The on-island station is staffed May 1 until hopefully end of September and is not staffed at night.

9.    Inspections Department Report – Inspections Director Evans Reviewed the presentation in the meeting packet.  The department is required by law and follows the processes prescribed by the State and the Town.  There are four people in the department.

10. Discussion and Possible Approval of Ordinance 22-13, An Ordinance Amending the Holden Beach Code of Ordinances, Chapter 92: Nuisances (Outside Lights) – Mayor Pro Tem Smith Motion to approve to be effective January 2023, approved unanimously.  Read the approved ordinance here to make sure you are in compliance.

11. Discussion and Possible Action on Town Landscaping Contract with Coastal Creations – Assistant Town Manager Ferguson Unanimously approved Option #2 to keep the status quo on the North side of bridge, no additional landscaping.

12. Discussion and Possible Approval of Ordinance 22-14, The Revenues and Appropriations Ordinance for Fiscal Year 2022 – 2023 – Town Manager Hewett This is the Budget for 2022-2023.  Approved unanimously.

13. Discussion and Possible Approval of Contract with the Department of Transportation for Bike Lanes on Ocean Boulevard – Town Manager Hewett  Approved unanimously.

14. Discussion and Possible Action on Request by Sunset Slush Classic Italian Ice to Utilize Vending Carts on the Beach Strand – Commissioner Dyer Owner made a presentation on their business. By consensus, Town staff will bring a proposed ordinance change to the next meeting.

15. Discussion and Possible Action on Status Update for Wetland Delineation of Marsh and 800 Block Lots – Commissioner Murdock Handled by Commissioner Kwiatkowski in Commissioner Murdock’s absence.  By consensus, the Staff will bring back a determination of how many golf carts and/or regular vehicles could potentially be parked along the marshes and in the 700 and 800 blocks. Bulkheading would be required.

16. Discussion and Possible Action on Ordinance 22-15, An Ordinance Amending Ordinance 2113, The Revenues and Appropriations Ordinance for Fiscal Year 2021 – 2022 (Amendment No. 18) – Town Manager Hewett Housekeeping budget amendment to recognize paid parking revenue and expenses.  To date, Paid Parking has had $166,749 in revenues and $37,412 in expenses.  Passed unanimously.

17. Discussion and Possible Action on Addressing Paid Parking Issues Identified by the Town Police Department – Commissioner Kwiatkowski

a.     Ordinance 22-16, An Ordinance Amending the Holden Beach Code of Ordinances, Title VII: Traffic Code Amends where you can park from 2-5am.  Also adds additional signage clarifying parking.  Motion to approve signage unanimously approved.  Motion to adopt 22-16 which changes overnight parking.  Approved unanimously.

18. Discussion and Possible Setting of Date to Hold Interviews for Vacancies on Town Boards – Town Clerk Finnell The Board will hold interviews for Town Board vacancies prior to the July 19 Regular Meeting.  Agreed by consensus.

19. Discussion and Possible Action on Bonus Proposed by the Board – Town Manager Hewett Unanimously authorized a $750 bonus for staff to be paid this month.

20. Discussion and Possible Action on Updating Section 2. Administration and Maintenance of the Personnel Policy and Updated Salary Ranges – Town Clerk Finnell  Unanimously approved increased salary ranges.  Agreed to not automatically make increases, policy will stay as it is.

21. Discussion and Possible Action to Request that the Planning & Zoning Board Evaluate and Propose any Appropriate Changes to Ordinance 94.03, Frontal Dune Policy and Regulations, in Particular §94.03(C)(2) Regarding Walkway Policies that Limit Construction South of the Frontal Dune as Defined in §94.03(A) With the Exception of Property Owners with Lots that Have More Than 300 Feet from the Seaward Toe of the Frontal Dune to the Last Line of Natural Stable Vegetation and Also Advise the Board on the Suitability of Moving Portions of §94.03 to Chapter 157: Zoning Code – Commissioner Kwiatkowski Approved by consensus.

22. Public Comments on General Items

Ashley Royal:   Works with the Planning Department and feels they are doing their difficult job very well.  He does not support bulkheading to allow more paid parking.  Also encouraged them to move slowly to allow peddlers on the strand.

23. Town Manager’s Report Work on the FEMA Storm Damage Repair Project “Central Reach 2” is complete, hoping for a final inspection in July. Seagull St. paving should be starting at anytime.  The RFQ for engineering for the Pier and Block Q is out and due back June 24.  Food Trucks have started at the Pier but are struggling.  Some reservations have been made for the camper spaces the Town owns.  The CAMA grant reimbursement for the for the access parcel is expected next month.   

24. Mayor’s Comments  Concerts are going well.  Lieutenant Dilworth gave a  reminder that all fireworks are prohibited.  It isn’t just a ticket – it is a misdemeanor requiring an appearance in front of a judge.  Sparklers are the only thing allowed.  It is for fire control.  Be prepared for a hurricane.  Emergency access is needed at the far west end beyond the gate.  There has been a change in the rules for service dogs.  

25. Board of Commissioners’ Comments

Commissioner Smith:  Thanks to those who came to the meeting.  Thanks to the staff.  Please no fireworks.

Commissioner Dyer:  The 9-5 Dog ordinance is also for dogs’ safety.  They can burn paws, sunburn and dehydrate.  Work on the Pier so far looks great.

Commissioner Kwiatkowski:  Thanks to speakers and staff.  The Town is moving forward on Pier with a RFQ for a plan for the Pier and Block Q.

26. Adjournment

Taken from MidAtlantic Underwater Inspection Report May 2022.

MidAtlantic Engineering Partners released their report on the pier underwater inspection.  The inspection identified 91 piles with minor defects, 12 piles with moderate defects, 2 piles with major defects, and 14 piles with severe defects.  MidAtlantic estimated the recommended repairs to cost $116,000 including the performance of a pier-wide structural analysis for $32,000.

At their Special Meeting on May 20^th, the Town confirmed the $116,000 cost was in addition to the $500,000 to $750,000 in repair costs identified in the above-water pier due diligence inspection performed by ATM last year.

Click here for the Underwater Inspection Report.  Click here for the above water due diligence report.

The Grand Strand Area Transportation Study (GSATS) Metropolitan Planning Organization is requesting a consultant to study the Causeway and address concerns related to vehicular and pedestrian safety, curb‐cut spacing, right‐of‐way encroachments, and parking deficiencies.  This study will help guide road improvements and redevelopment along the one‐mile span of the causeway from Sabbath Home Road to the Intracoastal Waterway.

The Consultant will prepare a report that identifies the recommendations of the study, including maps, visual alternatives, descriptions of the project, detailed cost estimates, implementation schedule, and assignment of lead and supporting entities needed to complete the project.  Click here to read the Request for Letters of Interest.

After months of discussion, Paid Parking will begin May 1 on Holden Beach.  The Town has placed information on its website about Paid Parking including rates, how to purchase a pass, and a chart of locations.  Click here to view it.

HBPOA has created  Parking Maps to show where paid parking is located, the number of spots, and the type of vehicles allowed.  As areas are being added and fine-tuned, always confirm with the Otto signs when parking.  We have also compiled information for property owners, Click here for tips for Property Owners.

Proposed Inlet Hazard Area on West End.

Proposed Inlet Hazard Area on East End.

If you own property in one of the above yellow-shaded areas your property will most likely be in an Inlet Hazard Area.  The Coastal Resources Commission (CRC) is greatly expanding the size of these areas on Holden Beach.   For more information on this click here.

There is a final Public Hearing scheduled for May 3, 2022, at 11:00AM in the Brunswick County Government Complex – Council Chambers.  Click here for other Public Comment sessions.  You may also send written comments to the Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC  28557  The Comment period closes June 17, 2022.  After the Public Hearings, the CRC will vote on whether to adopt the changes at their September 14-15 meeting.

This Public Hearing will be addressing these proposed changes:

2019_Inlet_Hazard_Area_Boundary_Update_20190212

15A NCAC 07H .0304 for public hearing

15A NCAC 07H .0306 for public hearing

15A NCAC 07H .0309 for public hearing

15A NCAC 07H .0310 for public hearing

OSBM Approved Fiscal Analysis 2019 IHA Update

Bike lanes are coming this fall to Holden Beach along with the road resurfacing of Ocean Blvd.  There will be a 5′ lane on each side of Ocean Blvd. from the gate on the west end to approximately the Chapel and the lanes will pick up again from approximately Castaways Restaurant to the end of McCray St.  The Town’s portion of the cost will be $723,393.

Certified packages containing the design drawings for the bike lanes have been mailed to approximately 140 property owners located in the Ocean Erodible Area of Environmental Concern.   The letters request these owners to respond within 30 days indicating if they have objections to the proposed project.

Since the design appears to impact every Ocean Blvd. property owner, the vast majority of whom did not receive packages from the Department of Transportation, we have posted the information from the package here.  This information shows the DOT letters, design template, locations of the proposed road centerline, bike lanes and drainage on each property, and various other forms and permits.

The design template shows seven additional feet of road surface on the south side of the road and three additional feet on the north side of the road.  The centerline of the road will be shifted south to allow for a five-foot bike lane on each side of the road.

The links below show the documents contained in the certified packet.

Bike Lane Design Drawings

Bike Lane Design Template

Letters from NCDOT

OCEAN HAZARD AEC NOTICE

APPLICATION for Major Development

Type I or Il Categorical Exclusion Action Classification Form

Vicinity Map

Cultural Resources Programmatic Agreement Screening Checklist for Section 106

TOWN OF HOLDEN BEACH

BOARD OF COMMISSIONERS’ REGULAR MEETING

HOLDEN BEACH TOWN HALL – PUBLIC ASSEMBLY

TUESDAY, APRIL 19, 2022 – 5:00 P.M.

1. Invocation

2. Call to Order/ Welcome

3. Pledge of Allegiance

4. Agenda Approval Approved unanimously.

5. Approval of Minutes

a. Minutes of the Regular Meeting of March 8, 2022 Approved unanimously.
b. Minutes of the Special Meeting of March 21, 2022 Approved unanimously.

6. Public Comments on Agenda Items James Bauer asked about insurance for the Pier. (No response given.)

7. Police Report – Chief Dixon Not anything out of the ordinary. Festival is this weekend. Rick Smith asked about Golf Cart safety.

8. Discussion and Possible Action on Items Necessary to Update the Paid Parking Program – Town Manager Hewett

a. Ordinance 22-07, An Ordinance Amending the Holden Beach Code of Ordinances, Title VII: Traffic Code Adds the Pier to Parking Table. Makes parking exemption for when people are participating in Town programs at Pavilion. Removed Marsh streets from table until their wetlands have been delineated. Few other minor changes. Passed unanimously.

b. Ordinance 22-08, An Ordinance Amending Ordinance 21-13, The Revenues and Appropriations Ordinance for Fiscal Year 2021 – 2022 (Amendment No. 13) Reduced expected revenue since Paid Parking is starting in May instead of April and adds Pier lot. Passed unanimously.

9. Discussion and Possible Approval of Ordinance 22-09, An Ordinance Amending Ordinance 2113, The Revenues and Appropriations Ordinance for Fiscal Year 2021 – 2022 (Amendment No. 14) – Town Manager Hewett Closing costs for Pier were $57,150 which was added to loan proceeds. Passed unanimously.

10. Discussion and Possible Action on Parks & Recreation Trust Fund (PARTF) Project Grant Application Submission – Assistant Town Manager Ferguson Reviewed PARTF grant proposal, which was a $500,000 grant for land acquisition. Concerns about “strings” that would require the Town to hold the property in perpetuity for recreational use only. Motion to apply for grant failed with Commissioners Brown and Dyer voting in favor and Commissioners Kwiatkowski, Murdock and Smith voting opposed. Concerns were also expressed because the report on the Pier condition has not been completed. Town could apply next year.

11. Discussion and Possible Action on Public Beach and Coastal Waterfront Grant 22-23 Preapplication Submission – Assistant Town Manager Ferguson This grant would be for a Hatteras Ramp and an ADA handicap ramp for beach access at the Pier. Passed unanimously.

12. Discussion and Possible Action on Letters of Support from Commissioners for Congressional Spending Funding Request to Congressional Delegation – Assistant Town Manager Ferguson Approved unanimously to have our federal Congressional Delegation “earmark” funds to cover the Town’s portion of the Corps Study, funding for a storm water project, and funding for upgrading Sewer Lift Station #2.

13. Discussion and Possible Approval of Contract between the Town and Holden Beach Enterprises for the Purchase of Block Q – Attorney Green The Town will purchase nine parcels bounded by Jordan Blvd., South Shore Dr., Quinton Street, and Brunswick Ave. East, pending a title search with closing on May 2. The cost will be $2,200,000 with a gift from the seller for $200,000. The Town will pay $1,000,000 at closing. The remaining balance of $1,000,000 will be financed by the seller for three years and paid by the Town in equal annual payments at an interest rate of 3.18%. The seller will be responsible for paying the back taxes from the sale proceeds.

a. Ordinance 22-10, An Ordinance Amending Ordinance 21-13, The Revenues and Appropriations Ordinance for Fiscal Year 2021 – 2022 (Amendment No. 15) – Town Manager Hewett This is for $1,000,000 for the initial payment. Approved 4-1 with Commissioner Brown opposed.

14. Discussion and Possible Approval of Resolution 22-06, A Resolution of the Board of Commissioners of the Town of Holden Beach (Requesting State Assistance to Construct a New Wastewater Vacuum Pumping Station to Replace Existing Station) – Public Works Director Clemmons Application for a state interest-free loan to fund sewer lift station #2.

a. Water & Sewer Capital Improvement Plan Unanimously passed.

15. Discussion and Possible Approval of Ordinance 22-11, An Ordinance Amending Ordinance 21-13, The Revenues and Appropriations Ordinance for Fiscal Year 2021 – 2022 (Amendment No. 16) – Town Manager Hewett Purchase of water meters. Passed unanimously.

16. Discussion and Possible Action/Decision on the Prioritization of Board Objectives – Commissioner Kwiatkowski Everything with a score of 14 or higher would be priorities in the upcoming year. Passed unanimously. Ranked priorities are available here.

17. Public Comments on General Items Three people had comments.

18. Town Manager’s Report

• The FEMA sand nourishment is complete. 1.51 million cubic yards was placed. The full planned area was not nourished, but he expects the sand to fill in to the west over the next month or two. Beach tilling and demobilization is underway. Sand fencing and vegetation planting is now underway. The Town received the first large reimbursement, $7.6M, for the nourishment. The final payment will wait on FEMA’s inspection.
• The Lockwood Folly dredging and sand placement work was completed. 200,000 cubic yards of sand was placed.
• The wetlands delineations on the marsh areas (marsh streets and 800 block) is pending the input from the Corps.
• Solicitations are out for Food Trucks for this summer at the pier.
• Seagull paving should be complete by Memorial Day. Assessments to be sent after project completes.
• Property owners along Ocean Blvd should have received a certified mail packet 10 days ago on adding Bike Lanes. In most areas, the project will take 7’ from the south side of the Ocean Blvd. and 3’ from the north side creating two 5’ bike lanes – one on each side of the road. Contact the Town if you did not receive a packet. Cost increases are expected.
• The annual Audit is underway.
• The first Budget Meeting will be April 21 at 1:00pm.

19. Mayor’s Comments Had a big crowd for Easter services at the Pier. Harbor Acres survey discrepancies at the street is causing problems and he asked the staff to address the issue.

20. Board of Commissioners’ Comments

• Commissioner Smith thanked the staff for their work. Looking forward to the festival this weekend.
• Commissioner Brown – no comments.
• Commissioner Murdock thanked the staff and hopes for a successful roll out of Paid Parking which is needed to pay for the Pier. Block Q allows for more boat trailer parking.
• Commissioner Dyer thanked the staff for their work. Tourist season is beginning.
• Commissioner Kwiatkowski thanked the staff and the Town Attorney. The Beautification Club’s Plant Sale is Friday and Saturday and they use the funds to buy plants for areas of the island.

21. Executive Session Pursuant to North Carolina General Statute 143-318.11(A)(6), To Discuss Qualifications, Competence, Performance of a Public Employee No action was taken.

22. Adjournment

Board of Commissioners’ Meeting Agenda April 2022

The Town of Holden Beach Board of Commissioners will meet Tuesday, April 19 for their regular monthly meeting.  Highlights include the purchase of Block Q for $2,000,000.00, the addition of the Pier to paid parking and other paid parking changes, approval of a PARTF grant application for the Pier, and solicitations to our congressmen for “earmarks”.   Click here for the agenda and meeting packet.

Front door area

The LGC approved the Town’s loan application at their meeting on March 1st and on March 8th the Town Board of Commissioners voted unanimously to purchase the pier property.  The transaction will close on March 28.

The HBPOA has concluded its referendum on the Town’s plan to purchase the pier property.  Out of 2309 total eligible voter households, 969 votes were cast, with 390 (40.2%) supporting the Town’s plan and 579 (59.8%) opposed.   The Election Runner software we used had strict controls to make sure only property owners could vote and only one vote could be cast per household.  

It is unfortunate that the results of our referendum did not have an impact on the Town or the Local Government Commission (LGC) decisions.  We were hampered by not knowing if the Town’s plan was going to change again and by the LGC’s late release of their agenda.

Click here for the information shared between the Town and the LGC to address the concerns that were raised by the LGC in January regarding public support, the financial plan and the mayor’s real estate company representing the seller.

Click here for a copy of the public comments received by the LGC.  The HBPOA’s letter was included with the public comments but we were not allowed to speak at the meeting.  A large number the comments were the result of letter-writing campaigns led by Facebook groups and a Change.org petition that was broadly distributed on social media.    

Based on these comments, the LGC concluded the pier purchase had sufficient public support and they approved the Town’s loan application at their meeting on March 1^st.  You can listen to the audio recording of the meeting here: Local Government Commission Meeting 1, March 2022 – YouTube.  They pulled Holden Beach out of the overall consent agenda and discussed it separately starting at 41:20 on the audio recording.    

It is also very concerning that the opinions of people from social media sites carried more weight with the Town Commissioners and the LGC than the opinions of Holden Beach property owners and taxpayers.

In September 2021, the HBPOA membership voted to withhold support for the pier purchase until a financial plan was in place.  The Town approved an initial plan in December and a revised plan in January 2022.  While the revised plan does not include the latest changes to the paid parking plan, the Town does not intend to update it, so we are considering it to be the official plan for the pier property.

We have now launched a referendum to determine the amount of property owner support for this plan, identifying where the plan is no longer valid. Our referendum is strictly limited to the taxpayers on the island who will be responsible for paying for the pier property purchase through the BPART revenues they generate from the rental of their properties and the property taxes they pay on their homes.  The Election Runner software we are using has strict controls to prohibit multiple votes and block participation by individuals who are not property owners in the Town of Holden Beach.  Ballots are secret and only one vote is allowed per property owner even if multiple properties are owned.

We strongly recommend voters review the background information we have placed on the PIER PURCHASE AND REFERENDUM page of our website before casting your vote. 

 We are sending both email and postcard ballots.  If you are a property owner on the island and haven’t received an invitation to vote by next week, please contact us at [email protected]