Holden Beach Property Owners Association

We will be holding our Labor Day Meeting 

Saturday, September 4^th 10:00AM

at the Holden Beach Chapel (NOT at Town Hall)

We will comply with all COVID restrictions, so please bring a mask and prepare to social distance. 

The meeting will include:

• Updates from the Mayor and Town Manager,
• HBPOA Board member elections, and
• Discussions about current issues and upcoming events.

We will also be broadcasting the meeting via Zoom for members who will not be able to attend in person.  Please join the meeting several minutes before it begins with your video turned off and microphone muted.

Here is the link to the Zoom meeting:   https://us02web.zoom.us/j/2513296660

We look forward to seeing you – either in person or virtually.

Board of Commissioners’ Meeting Follow Up August 2021

TOWN OF HOLDEN BEACH

BOARD OF COMMISSIONERS’ PUBLIC HEARING/REGULAR MEETING HOLDEN BEACH TOWN HALL – PUBLIC ASSEMBLY

TUESDAY, AUGUST 17, 2021 – 5:00 P.M.

PUBLIC HEARING: Ordinance 21-24, An Ordinance Amending Holden Beach Code of Ordinances, Chapter 157: Zoning Code (Pools) No Comments.

REGULAR MEETING:

1.    Invocation

2.   Call to Order/ Welcome

3.   Pledge of Allegiance

4.    Agenda Approval  Town Manager requested that in #19 Exec Session wording to be added to consult with the attorney.  Passed as amended.

5.    Approval of Minutes

a.     Minutes of the Special Meeting of July 8, 2021
b.     Minutes of the Special Meeting of July 20, 2021
c.     Minutes of the Regular Meeting of June 20, 2021 Changed to July 20. Corrections made to minutes regarding the selection of Parks and Rec members.  Approved as corrected.

6.   Public Comments on Agenda Items  No comments.

7.     Police Report – Chief Dixon  Some stolen bikes and tools this month.  There were 83 parking calls which generated 70 tickets.  Five fireworks tickets.  94 traffic stops yielded 49 state citations, with 62 charges.  Considering a Bicycle Patrol. Two bikes donated by City of Charlotte.  Would be used for races and festivals.  Labor Day is coming, expect no left turn off the bridge.  Also will be participating in Booze it and Lose it campaign.  Working with Highway Patrol on golf carts on the Causeway.  September 20-26 they will be participating in Child Safety Week.  It is peak hurricane season, be prepared!

8.   Discussion and Possible Action on Ordinance 21-24, An Ordinance Amending Holden Beach Code of Ordinances, Chapter 157: Zoning Code (Pools) – Inspections Director Evans  Staff supports the amendment to 157.060 (D)(7) and 157.061(D)(6) to prohibit pools in the front yard setback and the P&Z Board supported it unanimously.  Safety, parking and aesthetics were the main reasons.  Passed 4-1 with Sullivan voting NO, to be effective March 1, 2022.

9.    Discussion and Possible Approval of Ordinance 21-25, An Ordinance Amending Ordinance 20- 10, The Revenues and Appropriations Ordinance for Fiscal Year 2020 – 2021 (Amendment No. 21) – Town Manager Hewett  Change requested by auditor.  Passed unanimously.

10. Discussion and Possible Approval of Ordinance 21-26, An Ordinance Amending Ordinance 21- 13, The Revenues and Appropriations Ordinance for Fiscal Year 2021 – 2022 (Amendment No. 2) – Town Manager Hewett  Creates a sinking fund for the $27.7M loan for beach nourishment reimbursements. Passed unanimously.

11.  Discussion and Possible Approval of Martin Starnes Engagement Letter Addendum and Related Budget Adjustment – Town Manager Hewett Budget change to have the auditor brief the Audit Committee.  Passed unanimously.

12. Discussion and Possible Action on Revised System Development Fees – Town Manager Hewett No action taken.  The fees that were proposed are lower than the current fees.

13. Discussion and Possible Action on Staff’s Ranking of Parking Firms – Town Manager Hewett Otto Connect and Premium Parking were rated the highest of the bids. The Commissioners asked the Town Staff to come back with a recommendation.

14.  Parking Committee Status & Possible Action – Commissioner Kwiatkowski Town staff will determine what areas the Town currently owns, with number of spaces as well as other areas that could be converted to parking, including the Pier and Block Q (owned by Holden Beach Enterprises).  Passed unanimously.

15.  Discussion and Possible Action on Proposed Directive to Have the Police Chief Provide a Monthly Report on the Amount of Golf Cart Tickets Issued – Commissioner Smith After discussion, Chief Dixon will prepare the information monthly.

16.  Legal Opinion on School of Government Blog Related to Remote Meeting Participation Post- Covid Emergency and Discussion and Action on Streaming Meetings until the State of Emergency is Officially Closed – Commissioner Kwiatkowski Commissioner Kwiatkowski made a motion to go back to broadcasting the meeting audio during the state of emergency.  That would also allow the Commissioners to participate remotely.  Passed unanimously.

17. Discussion and Possible Approval of Resolution 21-12, Resolution Authoring the Negotiation of One or More Installment Financing Contracts and Providing for Certain Other Related Matters Thereto – Assistant Town Manager Ferguson  This is for the loan of $8.5M.  It would cover $5.2M for sewer lift stations #3 and #4 and $3.3M to purchase the pier.  Passed unanimously.  Commissioner Kwiatkowski pointed out that the resolution says no tax increase is anticipated, but if needed would not be excessive, and she is not sure that is correct.  However, the Town Manager confirmed that an assessment could be charged to all property owners – which would not be a tax since an assessment is a one-time fee charged to all property owners not based on the property’s value. A public hearing on the loan will be held September 21.

18. Holden Beach Promotional Video – Assistant Town Manager Ferguson The video was previewed for the Commissioners.  The video and the still images are to be used for promotional purposes.

19. 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 Property – Commissioners Murdock, Sullivan, Kwiatkowski and Smith Moved this item to end of meeting.  Voted to add Ordinance 21-27 to the agenda. The ordinance allocates $25,000 for the inspection of the pier structure and the pier building using the American Society of Civil Engineer, ASCE guidelines.

20. Public Comments on General Items No comments.

21.  Town Manager’s Report There is a new tide gauge on the Transient Dock.  The Merritt is working in the inlet; it should be to the 8’ depth by the end of August.  There will be a signing ceremony with the Corps for the Federal Project Partnership in the coming weeks.  The East End Project to put sand on the East End beach this winter is being bid for 100K cubic yards but there may be a way to up that to 200K cubic yards.  Seagull Street paving is progressing; the survey has been completed.  The Town’s population has increased to 675 from 575 per the Census.  The wholesale water contract with the County has been signed.  Summer is winding down, there are three more concerts and Tide Dye has completed for the year.  Next up is Hurricane Season.  Be prepared, get your decals.

22. Mayor’s Comments Complimented the staff.  It is hurricane season, be ready.  The cost for the inlet dredging for all parties is $1M/year (not just the Town).  Boats in the ICW are not following the No Wake Zone which runs approximately from Yacht Watch to LouLou’s Restaurant; the Mayor is concerned that someone will be injured.  The sunken shrimp boat near the bridge has been removed. Several parcels of property near the bridge are for sale.  Captain Pete’s/Dock House is for sale as well as the large tracts owned by Holden Beach Enterprises.

23. Board of Commissioners’ Comments  Commissioner Brown had no comments. Commissioner Smith thanked the staff for their work on the parking proposals, the summer programs, the PD’s right-turn-only on Saturdays, and the enforcement of golf cart rules.  Commissioner Murdock is also glad to have the shrimp boat removed; he noted that the property there was also under contract.  Commissioner Sullivan would like input from citizens.  Commissioner Kwiatkowski thanked Chris in Public Works for attending to potholes; she reminded everyone that there are big issues being decided and they need to hear from the public; silence is consent.

24. Adjournment

Below is a summary of the July Commissioners’ Meeting.

TOWN OF HOLDEN BEACH

BOARD OF COMMISSIONERS’ REGULAR MEETING

HOLDEN BEACH TOWN HALL – PUBLIC ASSEMBLY

TUESDAY, JULY 20, 2021 – 5:00 P.M.

1. Invocation
2. Call to Order/ Welcome
3. Pledge of Allegiance
4. Agenda Approval Moved item #21 to #7A and Item #22 was deleted.  Approved as amended.
5. Approval of Minutes All approved.
   • Minutes of the Public Hearing/Special Meeting of June 4, 2021
   • Minutes of the Public Hearing/Regular Meeting of June 15, 2021
   • Minutes of the Special Meeting of June 28, 2021
   • Minutes of the Special Meeting of June 30, 2021
6. Public Comments on Agenda Items No comments.
7. Presentation of Municipal Administration Certificate to Assistant Town Manager Ferguson – Town Manager Hewett
   • 7A. See Item #21.

8. Police Report – Chief Dixon  From May 1 – June 30 they conducted 77 traffic stops and issued 41 citations, and 59 parking tickets.  Over the July 4^th weekend they conducted 22 stops and 12 citations with 18 charges.  They also wrote 35 ordinance tickets – 30 parking and 5 fireworks.  They also participated in Booze it or Lose it.  Lots of positive feedback on closing the left turn lane on Saturdays.  The longest traffic bottleneck is at the stoplight.
9. Discussion and Possible Approval of Ordinance 21-18, An Ordinance Amending Ordinance 20- 10, The Revenues and Appropriations Ordinance for Fiscal Year 2020 – 2021 (Amendment No. 18, Isaias Cat Z) – Assistant Town Manager Ferguson Approved unanimously.
10. Discussion and Possible Approval of Ordinance 21-19, An Ordinance Amending Ordinance 20- 10, The Revenues and Appropriations Ordinance for Fiscal Year 2020 – 2021 (Amendment No. 19) – Town Manager Hewett Housekeeping Budget amendment.  Approved unanimously.
11. Discussion and Possible Approval of Ordinance 21-20, An Ordinance Amending Ordinance 20- 10, The Revenues and Appropriations Ordinance for Fiscal Year 2020 – 2021 (Amendment No. 20) – Town Manager Hewett  Approved unanimously.
12. Discussion and Possible Approval of Ordinance 21-21, An Ordinance Amending Ordinance 21- 13, The Revenues and Appropriations Ordinance for Fiscal Year 2021 – 2022 (Amendment No. 1) – Town Manager Hewett  Funds the pier purchase. Approved 3-2 with Commissioners Sullivan and Kwiatkowski voting NO.
13. Discussion and Possible Action to Select the Priority Board of Commissioners’ Objectives for the Upcoming Fiscal Year – Commissioner Kwiatkowski  Approved unanimously.
14. Discussion and Possible Approval of Ordinance 21-22, An Ordinance Amending Holden Beach Code of Ordinances, Chapter 35: Inlet & Beach Protection Board – Town Clerk Finnell  Approved unanimously.
15. Discussion and Possible Approval of Ordinance 21-23, An Ordinance Amending Holden Beach Code of Ordinances, Chapter 34: Parks & Recreation Advisory Board – Town Clerk Finnell  Approved unanimously.
16. Discussion and Possible Selection of Members to Serve on Town Boards – Town Clerk Finnell  The following people were selected to serve. Parks and Rec Board: Grace Bannerman, Melanie Champion, Mike Pearson, Susannah Tucker.  Planning and Zoning:  Wade Cole, Sylvia Pate, Pete Pallas, and Mark Francis, and John Cain as alternates.  Board of Adjustment:  Jack Lohman, and Richard Roberts.
17. Audit Committee Debrief to Board – Commissioner Kwiatkowski  Reported that the Audit Committee is meeting again and addressing outstanding issues.
18. Discussion and Possible Action on Parking Management Services Proposals – Town Clerk Finnell Directed Staff to come back with a recommendation. Anticipated to report back at next meeting.
19. Discussion and Possible Action on Golf Cart Violation Reporting Tasker – Commissioners Kwiatkowski and Smith Commissioners want a break down by week of Golf Cart Infraction details to determine if progress is being made on safety issues or whether a new approach should be tried.  Police do not break info down by Golf Carts – only track by vehicles.  They can break it down but Police Chief thinks it is a bad idea. No action taken.
20. Discussion and Possible Action on Golf Cart Request to Town Attorney – Commissioner Smith Town Attorney reported that it was legal to put restrictions by ordinance on Golf Carts to address the continuing and worsening problems with safety compliance. No Action taken.
21. Discussion and Possible Action on Water Agreement with Brunswick County – Town Manager Hewett   Brunswick County representatives were at the meeting and discussed their efforts on the water system including the Wholesale Water Agreement which was approved unanimously.
22. FEMA Gated Community Debris Pickup Update – Town Manager Hewett Item deleted.
23. Discussion and  Possible  Action on  Text  Amendment for Swimming  Pool  Locations  –Inspections Director Evans Public Hearing was set for the August meeting.  Passed with Commissioner Smith voting NO.
24. Public Comments on General Items No comments.
25. Town Manager’s Report  The Local Government Commission approved $27.7M in loans for the FEMA reimbursement sand project.  The loan closed on Friday.  Weeks Dredging has been selected as the contractor and work is expected to begin around November 15. Seagull St. paving is moving ahead with Right Angle Engineering beginning the surveying.  Green Engineering has almost completed the next phase of the #2 Sewer Lift Station project (at Greensboro).
26. Mayor’s Comments  Was disappointed that the weather canceled the Tams concert.  He has never seen so many people on the beach.  Staff is working hard.  Feels we are experiencing better compliance with beach regulations.
27. Board of Commissioners’ Comments:  Commissioner Brown congratulated new members of Town Boards.  He feels that a lot of current issues are because we are in the heat of summer.  Commissioner Smith thanked the staff and citizens and encouraged everyone to keep golf carts safe.  Commissioner Murdock wants to preserve the pier as is and purchase other open properties.  Commissioner Sullivan pointed out that the renourishment this winter will only cost $27.7M and saves approximately $20M by combining four storms requiring only one mobilization.  He also urged the use of common sense on the pier purchase.  Commissioner Kwiatkowski wants to hear from people about the pier.  Most she have heard from are supportive, but with reservations, such as supporting it if it is revenue-neutral.  It may not be.  She pointed out that we can’t cover even the loan payments from BPART (occupancy taxes) because we already spend it all.  In addition, there are several more items that the Board is moving ahead on such as bike lanes and the Corps Study which will cost large sums.  She is concerned we are taking on a lot of debt and emphasized she wants to hear from people.
28. Adjournment

The Town of Holden Beach Board of Commissioners will meet Tuesday, July 20 at 4:45 pm for a Special Meeting to interview candidates for advisory board vacancies and at 5:00 pm for their regular monthly meeting.  Highlights include possible action on paid parking proposals, further discussion and possible action on golf carts, and more information on the Pier purchase.  Click here for the agenda and meeting packet.

Pier Purchase

After the July 8 Public Hearing, the Commissioners unanimously voted to submit a written offer of $3,250,000 for the parcel containing the Pier and the Pier Building as well as the parcel immediately to the west.  The purchase does not include the campground or the area where the motel was.  Commissioner Sullivan emphasized that this will start the due diligence period.  The meeting agenda below includes Budget Amendment 21-21 to take a $3,000,000 loan and pay $259,000 from the BPART Fund, which includes $9000 for a commercial appraisal.

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Today’s Special Meeting to discuss the pier purchase was canceled due to the lack of a quorum.  Only Mayor Alan Holden and Commissioner Pat Kwiatkowski were present.  There were approximately 30 members of the public in attendance.  You can see the complete meeting packet here or just the part about the Pier Purchase below prepared by Commissioners Sullivan and Kwiatkowski.

The Town has scheduled a special meeting of the Board of Commissioners for Wednesday, June 30^th, at 4:00PM to discuss the details of the proposed purchase of the pier property.  The attached document describes many of the important considerations related to this purchase and the assumptions being made regarding use, financing, and ongoing costs.

Click here for the full agenda and meeting packet.  The details regarding the Pier purchase are below.

We realize that the vast majority of property owners will not be able to attend this meeting, so if you would like to provide input, please send your comments to [email protected] or the HBPOA at [email protected] 

The Wilmington StarNews published an article on the purchase of the Pier by the Town.  Click the link for a PDF of the story or read below.

Holden Beach could buy fishing pier brokered by mayor’s real estate firm

The Town is planning to purchase the pier properties shown below:

The pier is special to many people and has been an icon on the island for a very long time.  The implications of the Town taking control of the pier are very significant to property owners and other stakeholders.  There are numerous factors that should be considered.

A public hearing is scheduled for July 8th at 7:00PM at Town Hall.  Since many property owners may not be aware of these plans or able to attend the public hearing, now is your opportunity to play a role in determining the future of the pier by communicating your opinions to the Town Commissioners before July 8th.  Their contact information is:

·       Patty Kwiatkowski: [email protected]
·       Michael Sullivan: [email protected]
·       Brian Murdock: [email protected]
·       Gerald Brown: [email protected]
·       Rick Smith: [email protected]
·       Alan Holden: [email protected]

Please include Heather Finnell if you would like your comments to be included in the public record: [email protected].

If you would like to remain anonymous, you can send your comments to the HBPOA at [email protected] and we will make sure they are communicated to the Commissioners.

Some of the key questions that have been raised but not yet addressed include:

• What are the Town’s plans for this property?
  • Use it for public parking?
  • Run it as a pier and charge for access?  Will property owners be charged the same amount as visitors?
  • Lease it out to a private business such as a restaurant?
• Is the pier and building up to code for its intended use?
  • How much investment will be required to make it compliant?
  • What repairs are needed to make it safe?
• How will the purchase and other expenses be covered?
  • Will the Town take out a new loan?  If so, will this loan impact our borrowing capacity for other items (e.g., FEMA project, sewer system upgrades)
  • Will property taxes be increased or a special assessment levied?
  • What are the expected ongoing operating and maintenance costs (including insurance coverage)?
• Is it anticipated the property will generate revenue to help pay for itself?
  • Where will the revenue come from (i.e., paid parking, usage fees, lease payments)?
  • How much is expected per year?
  • What is the expected return on investment (i.e., how many years to pay off the purchase price)?