Holden Beach Property Owners Association

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]

The Town of Holden Beach Board of Commissioners will meet Tuesday, February 15 for their regular monthly meeting.  Highlights include a possible parking shuttle from the mainland to the beach, finalizing paid parking, and recommendations on what to do with the Town-owned “Sewer House” at 796 OBW.  The Pier purchase is not on the regular agenda but could be discussed in Executive Session, as the Town will not be able to close as planned on the property on February 28.  The agenda is below.  Click here for the meeting packet.

Updated Parking Zones 01-26-22       Special Meeting Results Summary 01-26-22 Table

The Town of Holden Beach Board of Commissioners met Wednesday, January 26, for a Special Meeting, click here for the agenda and meeting packet.  After extensive Public Comment, the Commissioners reviewed the plan for parking.

Summary of key changes made during agenda item 3a:

• “Compact” designation was changed to “LSV” for low-speed vehicles (i.e., golf carts)
• Eliminated parking not located near a Public Access
• The parking on most side streets intersecting Ocean Blvd was reduced to two LSV spaces
• Right of Way (ROW) parking adjacent to marshland was kept unchanged but is dependent on the results of the wetland delineation
• Swordfish might not have sufficient space for parking since the road is off-center on the ROW
• Pier parking lot was eliminated
• New parking zone was added for Raleigh St.
• Other changes are noted in the Table.

HBPOA has created  updated maps that reflect the changes made at the meeting to the best of our ability.  It also shows green arrows for public beach accessways and emergency vehicle accessways.  Refer to the table for a narrative description of the location.

The table compares the results with the original plan from the January 18th meeting.  The numbers shown in the table are based on our notes from the meeting and from listening to the audio recording on Facebook, which was often very difficult to follow.  The total of 576 spaces shown on the table doesn’t agree with the “around 500” number that was stated at the end of the meeting.   This discrepancy will need to be resolved once the “official” number is released by the Town.  It was noted that the results of the meeting are a “working document” and subject to change.

The meeting was recessed until Wednesday, February 2, at 3:30PM.  At that time they will continue the agenda.

Again, the Commissioners went into Executive Session to discuss acquiring property.  No action was taken.

We have received questions about agenda item #11 from the BOC meeting last Tuesday,  January 18.  The item concerned converting the Town-owned property in the 700/800 block into paid parking lots ASAP.   The attached picture shows the parcels owned by the Town in the 700/800 block that have been proposed for paid parking lots.  The number of proposed spots has varied.

The commissioners tabled the parking discussion and voted to have a Special Meeting to discuss Paid Parking, Wednesday, January 26 at 2:00.  However, they did vote to determine where parking is viable along the marshes.  They directed the Town Manager to have an engineer proceed with delineating the marsh areas with the appropriate agencies to determine where bulkheading could go in order to get a cost estimate for converting the property to parking.

Since Paid Parking areas have not been determined yet this could all change! 

Board of Commissioners Special Meeting

Wednesday, January 26, 2:00PM

Topic: Paid Parking

The Town of Holden Beach Board of Commissioners will meet Wednesday, January 26, 2022 at 2:00PM for a Special Meeting.  The discussion and possible action are about Paid Parking.  This is the meeting they decided to have at last Tuesday’s Commissioners Meeting.  Click here for the agenda and meeting packet.  The Meeting Packet contains the same information from last Tuesday’s meeting as no revisions have been made yet.  “Revisions will be made on Board action at the meeting”.

Quick Summary:  The Paid Parking Plan was sent back to the drawing board for revision.  A special meeting will be held to re-work the plan.

The revised Pier Plan and associated Resolution were approved with no additional changes.   

Board of Commissioners’ Meeting Follow Up – January 2022

REGULAR MEETING:

1.    Invocation

2.    Call to Order/ Welcome

3.    Pledge of Allegiance

4.    Agenda Approval Agenda was unanimously amended to split public comment into two groups, with comments on the No Wake Zone remaining as item #6, other comments moving to #7B, adding #7A a question and answer opportunity about the Pier Plan, removing item #9, and changing #10A to Discussion of on island-wide parking spaces, with other items in #10 to follow.

5.    Approval of Minutes

 a.     Minutes of the Regular Meeting of December 21, 2021Approved unanimously.

6.    Public Comments on No Wake Zone  Agenda Items No comments.

7.    Discussion on No Wake Zone – Mayor Holden  Appears that coordination between Army Corps of Engineers and enforcement agencies needs to be ironed out.  They will follow up.

7.A. Question and Answer: Commissioner Kwiatkowski answered questions about the Pier Plan.  Plans will not be finalized until the complete inspection (including below water inspection) are completed after the pier has been purchased.

7.B Public Comments on other agenda items.  Public Comments lasted for over 1.5 hours.  Almost everyone was in opposition to the parking plan as presented.

8.    Police Report – Chief Dixon  House fire at 227 OBW; the missing dog has not been found. They are working on integration with the County’s 911 system.  There will be a run on January 29, expect delays.

9.    Discussion and Possible Action on Ordinance 22-01, An Ordinance Amending the Holden Beach Code of Ordinances, Chapter 92: Nuisances (Outside Lights) – Inspections Director Evans  Removed from agenda.

10. Discussion and Possible Action on Items Necessary to Proceed with Paid Parking – Chief Dixon & Lieutenant Dilworth Commissioner Kwiatkowski provided some suggestions to modify the proposed parking plan to remove parking on streets without public accesses and reduce the number of total spots.  It was decided that they will have a Special Meeting to discuss Parking.

a.     Ordinance 22-02, An Ordinance Amending the Holden Beach Code of Ordinances, Title VII: Traffic Code No action taken.
b.     Ordinance 22-03, An Ordinance Amending the Holden Beach Code of Ordinances, Chapter 95: Streets (Section 95.05 Public Rights of Way) Motion by Commissioner Kwiatkowski to reject Ordinance.  Passed unanimously.
c.     Resolution 22-01, Resolution Amending the Holden Beach Fee Schedule  Code No action taken.
d.     Services Agreement between the Town and Otto Connect  Code No action taken.
 

11. Discussion and Possible Action for the Town Manager to Proceed with Appropriate Steps to Convert the Town Owned Properties in the 800 Block of Ocean Boulevard West to a Lot to be Designated for Paid Parking ASAP – Commissioner Kwiatkowski Motion to delineate (the marsh on) all Town owned property bordering marshes on the island.  Passed unanimously.

12. Discussion and Possible Approval of Resolution 22-02, Personnel Policy Administration – Town Manager Hewett Passed unanimously.

13. Discussion and Possible Approval of Resolution 22-03, Resolution Regarding the 15^th Anniversary of the GFWC of Holden Beach – Town Manager Hewett  Passed unanimously.

14. Discussion and Board Endorsement of a Revised Proposed Pier Plan Document and Associated Resolution (Resolution 22-04) – Commissioner Kwiatkowski Passed unanimously.

15. Discussion and Election of a Board Member to the Audit Committee – Town Clerk Finnell Commissioner Kwiatkowski will continue to be a member of the Audit Committee.

16. Discussion and Selection of Audit Committee Members – Town Clerk Finnell All current members will serve another term and Mike Felmly will serve as an alternate.

17. Discussion and Possible Action on Termination of Lease for 796 Ocean Boulevard West – Town Manager Hewett  Passed unanimously.

18. Public Comments on General Items More public comments on Parking were shared.

19. Town Manager’s Report The Town Manager presented his quarterly financial report.  He reported that Town Finances were where expected.  The Nourishment and dredging projects were discussed. Chief Dixon will be serving in a leadership capacity for Region 6.

20. Mayor’s Comments He is confident that the parking will be resolved. 

21. Board of Commissioners’ Comments Commissioner Smith thanked people for coming and promised taxes would not be raised due to the Pier. Commissioner Murdock was sorry he was not at the meeting.  He expressed concerns about the parking plan and the lack of boat trailer access. Commissioner Dyer discussed the Parking issues and the Pier.  She thanked the first responders regarding the house fire.  Commissioner Kwiatkowski thanked everyone for coming.  She discussed the County’s plans and her interactions with them for boat trailer parking.  Commissioner Brown thanked the staff.  He discussed parking and his dislike of Post and Rope.

22. Executive Session Pursuant to North Carolina General Statute 143-318.11(A)(5), To Instruct the Staff or Agent Concerning the Negotiation of the Price and Terms of Contracts Concerning the Acquisition of Real Properties – Commissioner Murdock No action was taken.

23. Adjournment

* The remote meeting will be livestreamed on the Town’s Facebook page. Visithttps://www.facebook.com/holdenbeachtownhall/to watch the livestream. Public comments can be submitted to [email protected] prior to 1:00 p.m. on January 18, 2022. 

Front door area

The Town’s Pier Plan, summarized here, is to restore the building and pier to a safe operating condition without any significant upgrades, and to continue to operate it as a fishing pier, restaurant, and retail establishment by leasing it to business providers.  Total capital cost is estimated at $4.3 million, financed by  $3.3 million in public debt with the remainder to be paid from BPART. 

The Plan the Commissioners approved last month was found to have errors and a new Pier Plan is in this month’s Meeting Packet, beginning on page 123.  The Town’s expectation is the property can be repaired, maintained, and operated without an increase in property taxes or special assessments.  

The HBPOA’s assessment of this plan concludes the pier will cost about $300,000 per year in excess of reasonably projected net revenues, representing an average cost of about $130 per household per year.  The deficit is expected to be made up from BPART funds.

The HBPOA assessment also concluded:

1. Rental of the pier building as a restaurant is simply not likely. Click here for the analysis.
2. The Town will be taking on significant insurance and replacement risks since they would be obligated to rebuild the building to current codes if it was destroyed by fire or flood, which would cost significantly more than the replacement value insurance proceeds for the existing structure.
3. The pier structure will not be insured for flood/major storm damage, but the loan documents require it to be rebuilt. There is no estimate of what it would cost to rebuild the pier, but the plan suggests the Town might be eligible for FEMA grant relief.
4. The Town’s Plan carves off the expenses of purchasing the 50′ parcel that will be used for access.
5. The Town is taking on an environmental abatement risk due to the unlined grease pit on the property.
6. The Town’s plan for the Pier is very limited and may not be attractive to many homeowners and renters since it merely restores the derelict building and the derelict pier to minimum code without any significant upgrades, additions, or cosmetic improvements, making the pier more-or-less as it was 10 years ago.

There will be a required Public Hearing on the $3,300,000 financing contract on Tuesday, January 18, at 5:00 PM.  During the Commissioner’s Meeting immediately following the Public Hearing the Board will vote to adopt their revised plan.  Comments for the meeting or Public Hearing should be sent to [email protected].