TOWN OF HOLDEN BEACH

BOARD OF COMMISSIONERS REGULAR MEETING TUESDAY, APRIL 10, 2012

Unofficial Minutes & Comments

Lous Views

1. Presentation on Services Available Through the Office of the District Attorney Cathi Radford, Assistant District Attorney

13th District covers three counties which includes Brunswick County Brunswick County is assigned seven lawyers and seven support staff That a boy local police force providing them what they need to do their jobs Mayor asked for update on any trends, she reported that: a) Juvenile charges take four days a month now b) DWIs has one full time lawyer; they are in the process of adding a second one
2. Police Report Chief Wally Layne

In accordance with Town Ordinances, speed limit seasonal limitations The speed limit has changed on OBW from 45mph to 35mph west of the general store This change took place on April 1st and will be in effect through September 30th Speed trailer setup as additional warning (Good thing too, conditioned response is to increase speed as I pass the general store) Break-ins follow-up: Multiple agencies have been investigating the string of break-ins in the area over the winter A married couple was arrested in February; a third person was identified but not apprehended Hamilton John Ortiz Bones, has now been incarcerated for the break-ins too Police were on the beach strand the two weekends covering Easter / Spring break They will start full-time beach patrol beginning Memorial Day One officer will be on the beach strand daily between 10a.m. and 4p.m.

Wally was not amused that his vehicle got stuck when it went into a hole dug on the beach strand and had to be pulled out by a backhoe. More importantly, it could have negatively impacted a police response to a medical emergency. Board of Commissioners has previously discussed safety issues posed by various activities on the beach strand. They are considering increasing fines in order to increase compliance. Wally will be reporting the number of citations issued at BOCs meetings. The town will be actively enforcing beach strand ordinances this season: 1) Chapter 90 / Animals / 90.20 / Responsibilities of owners a) pets are not allowed on the beach strand except between 5p.m. and 9a.m. daily b) dogs must be on a leash at all times c) owners need to clean up after their animals 2) Chapter 94 / Beach regulations / 94.05 / Digging of holes on beach strand a) digging holes greater than 12 inches deep without responsible person there b) holes shall be filled in prior to leaving 3) Chapter 94 / Beach regulations / 94.06 / Placing obstructions on the beach strand a) all unattended beach equipment must be removed daily by 6:00pm 0 1
3. FEMA Nourishment Discussion and Guidance Fran Way, Applied Technology and Management

ATM is a coastal engineering firm hired by the town to: 1) Assess sand erosion 2) Evaluate nourishment 3) FEMA projects cost reimbursement support 4) Meet government regulatory permitting conditions Ongoing beach management 1) Central Reach a) 1.31 million cubic yards of sand from offshore bar area b) Placed on beach strand from 262 OBE through 761 OBW 2) Terminal Groin / East End Projects a) Environmental Impact Statement 3) FEMA a) Hurricane Irene caused high level of beach erosion

b) 26,000 cubic yards of sand c) Placed on beach strand from 585 OBW to 825 OBW d) Undecided whether to do independently or incorporate it into other projects 4) Annual Monitoring Data Collection & Reporting 5) Federal Projects a) Dredging of inlets
4. Presentation on Occupancy Tax Collection Beach & Recreation Director Amanda Wiggins

Occupancy Tax, 6% of gross receipts, collected for short term vacation rentals only Town collects in excess of $1.4 million dollars annually from rental companies Occupancy tax is the source of funding for the BPART account a) BPART Beach Preservation / Access & Recreation / Tourism Fund A number of property owners are renting without rental companies / property managers Numerous internet listing sites advertise their properties for rent Were shocked to find that some of these owners were not paying their taxes as required Letters are being sent out to properties that they have no record of receiving taxes from
5. Discussion on North Carolina Supreme Court Case: Charging Fees for Public Parks Voids Municipality Immunity Town Attorney Mac Tyson

The Town had set-up a fee schedule to reserve the Pavilion for private and / or public events. Courts have ruled that anytime you engage in business activities like charging fees you will be treated as a business and no longer enjoy immunity from liability. BOCs suspended collecting any fees in the future and refunding any fees collected on existing bookings. They will wait to decide how to proceed until outcome of State Supreme Court ruling. The two annual festivals run by Merchants Association may even be a problem if the court decides that they are acting as our agent.
6. Schedule Condemnation Appeal Hearing for Captain Jacks Town Attorney Mac Tyson

Last year Fred Emmerson, the owner of Captain Jacks the apartments across from Castaways restaurant, took his case to the board. Despite previous approvals of building permits the Town Building Inspector has started condemnation proceedings. Appeal has been made; BOCs have

scheduled condemnation appeal hearing on June 11th at 10:30am. According to town attorney the BOCs sits as the jury in deciding this matter.
7. Discussion and Possible Selection of Auditor for Fiscal Year Ending June 30, 2012

The Town was happy with incumbent The recommendation is that it is a good practice to change firms every few years Town sent out Request for Proposals for Audit Services Four firms offered their services; each enjoys the highest rating the state gives One firm has experience working with the town and was also the lowest bidder Thompson-Price-Scott-Adams was selected to handle our audit for the next fiscal year
8. Public Comments on General Items

Request for an access road from property owners of 1051 and 1053 Coquina Cove Both are third row properties that are currently land locked Flooding and standing water issues currently prevent use of easement as an access road Turns out easement is the rear of our property In a nut shell, the developer was not held accountable for compliance with their submitted Pointe West storm water plan The Town has been aware of the problem since 2007 They have been unable to agree on a viable solution In my humble opinion it will take considerable time, effort and money to resolve

General Comments
Only sixteen (16) members of the community in attendance Par Course / Fitness Trail in place, waiting for you to try it out Twenty exercise stations in a quarter mile stretch with multiple stations clustered together Located on the north side of OBW between Greensboro and Scotch Bonnet Pleasantly surprised to see decent amount of activity Sorely need some landscaping to make it more visually appealing Budget workshops are scheduled

The Town Managers proposed budget is due by June 1st Commissioners must adopt budget no later than June 30th for the next fiscal year No progress has been made in removing the abandoned shrimp boat Southern Lady which is sinking on the north side of ICW across from Town Hall.

Request HBPOIN Holden Beach Property Owners Information Network

Gather and disseminate information Identify the issues and determine how they affect you Act as a watchdog

Request you forward this e-mail to other members of the community Anyone that would like to be added to my distribution list can send me an email at: hbpoin@ec.rr.com

Reminders
Solid Waste Collection: Solid waste is currently being collected on Tuesdays only Beginning June 2nd, solid waste will be collected on Tuesdays and Saturdays Residential yard waste service all waste has to be bundled. For additional information call Waste Industries at 910.253.4177.

Days at the Docks is scheduled for April 28th and 29th this year
1) 2) 3) 4) 5) 6) Art& Crafts Live Entertainment Horseshoe Tournament Corn Hole Tournament King Mackerel & Flounder Fishing Tournament World famous Bopple Race a) Bopple combination boat and apple

Things I Think I Think

A terminal groin on Ocean Isle Beach could cost the town between $4 million and $7 million. Coastal Planning and Engineering of Wilmington presented their findings of a feasibility study to town commissioners and residents during the boards regularly scheduled April meeting. The town hired CP&E to conduct the feasibility study and cost analysis late last year at an estimated $55,000. The feasibility and cost analysis study is a preliminary step in moving forward with the construction of a terminal groin. The study conducted by CP&E investigates potential conceptual designs, construction costs, time frame and permitting costs.

THB budgeted $520K for EIS vs. $55K OIB spent for feasibility study
(EIS Environmental Impact Study)

Why didnt we do a feasibility study first instead of authorizing EIS?

Corrections & Amplifications

A Terminal Groin is a long low wall or hardened structure that extends out toward the ocean, usually perpendicular to the coastline, and adjacent to an inlet or at the end of coastal land mass that is prone to beach erosion. Its principal purpose is to minimize and control down-drift sediment losses and beach erosion by catching shifting sand along the shoreline.

For additional information visit the following web sites:

Town of HB http://www.hbtownhall.com/newsite/terminalgroins.htm Work Plan http://www.hbtownhall.com/pdf/TerminalGroinWorkPlan.pdf Study http://www.hbtownhall.com/pdf/terminalgroinfinal.pdf Permit Applicationhttp://www.hbtownhall.com/pdf/restermgroin.PDF Senate Bill http://www.hbtownhall.com/pdf/sb110.PDF Position Paper
http://www.hbtownhall.com/pdf/ASBPATerminalGroinsatCoastalInletsPositionPaperFinal.pdf

Fact Sheet Fort Macon

http://www.hbtownhall.com/pdf/2011TGtalkingpoints.pdf http://www.hbtownhall.com/pdf/walker_78_4.pdf

Upon Further Review

Last month The Brunswick County commissioners have called in the subdivision infrastructure bonds a total of $11.56 million for the eleven (11) communities owned by Mark Saunders under the umbrella corporation of The Coastal Companies. The Commissioners instructed staff to send out letters to a number of bonding companies in the hopes of getting money to finish infrastructure developments at the subdivisions. The letters being sent out to the bonding companies state that The Coastal Companies has made "no appreciable progress" in installing remaining infrastructure needed at its Brunswick County subdivisions. This month The town of Shallotte has agreed to work with Mark Saunders and The Coastal Companies. The board agreed to establish a committee to work with Saunders; they were scheduled to meet on Wednesday, April 11 at Town Hall. Saunders presentation included a commitment to the board that he plans to complete Rivers Edge in a manner totally consistent with the original vision for the community.

Factoid That May Interest Only Me

Brunswick County has continued to slip as one of the fastest-growing counties in the nation, according to population estimates recently released by the U.S. Census Bureau. The data from the 100 fastest growing counties in the nation showed the county is now ranked 93rd, down from previous rankings. The countys spot on the list has continued to slide since 2006 when it was the 14th. In 2007 it was the 17thfastest, in 2008 it was ranked 28th, and in 2009 it was ranked the 65th. This year's data shows the county grew adding 2,666 residents, bringing the total population of the county up to 110,097.

Odds and ends

The Lockwood Folly Inlet remains devoid of inlet navigation devices and continues to be hazardous for navigation until maintenance dredging takes place. The Town has received confirmation that maintenance dredging funds have been appropriated that will provide for the clearing of the channel for the summer season. On May 19, 2012 the Holden Beach Beautification Club will present the Seaside Garden Tour. Eight private homes and five refurbished parks on the island will highlight the event. Tickets will be on sale for $10 the day of the event at the pavilion from 1 - 4 PM. Your brochure will be your ticket with a map of the garden locations. Our home in Pointe West has been included So please introduce yourself to me when you are on the garden tour Elected leaders from area beach towns came together at Holden Beach Town Hall for Rep. Mike McIntyre (D-7th District) 16th annual Coastal Communities Luncheon. Coastal community leaders agree spending money on waterway projects is about tourism dollars and jobs involved with that here. In 2009 alone, tourism in Brunswick County generated $353 million and directly supported more than 4,500 jobs. It means economic benefit for our area as well as good environmental stewardship. In 2012 the Army Corps of Engineers says it plans on doing $60 million worth of projects in and around the Cape Fear's waterways. That's good news for both the local and regional economy. McIntyre says for every dollar spent on nourishment his district sees a $320 return. Marine fuel taxes and increased fees for fishing licenses and boat registrations could help pay to dredge coastal inlets in the future, according to a legislative committee's recommendation. The Marine Fisheries Committee endorsed proposed legislation to conduct a study to identify possible state

funding sources for dredging and maintenance of inlets. "It is the intent of the General Assembly to provide funding for the dredging and maintenance of the state's coastal inlets from fees charged to those who make use of the inlets," according to draft legislation. With future federal dredging dollars in question, state lawmakers along the coast are pushing for dedicated state dollars to help keep inlets open and safe for fishermen and other boaters Captain Petes is now open for lunch and dinner. They are currently open Wednesday through Sunday 11:30a.m. 10:00p.m. Location: 103 South Shore Drive, Holden Beach Contact: 910.846.9988 Web site: http://www.captainpeteshb.com/ Cost: Lunch Menu <$10 / Just for Kids <$7 / Dinner Menu <$25 Fresh start new owner / new manager / new chef / new bartender / new menu / new hours Operative word here is new!