TOWN OF HOLDEN BEACH

BOARD OF COMMISSIONERS REGULAR MEETING TUESDAY, OCTOBER 9, 2012

Unofficial Minutes & Comments

Lous Views

1. 2012 Homeowners Insurance Rate Filing Guest Speaker, Don Evans, Board of Directors, North Carolina Insurance Underwriting Association and Joint Underwriting Association

In the papers On October 1st, the North Carolina Department of Insurance (NCDOI) received a Homeowners Insurance rate filing from the North Carolina Rate Bureau. The bureau represents the property insurance companies writing business in the state and has requested a statewide average increase of 17.7% with an effective date of June 1, 2013. The rate increase for coastal counties, territory 8 which includes Brunswick County, is 30%. Coastal communities are being hit by yet another big rate increase. According to the Business Alliance for a Sound Economy (BASE), these proposed increases follow the double-digit rate increases that coastal homeowners have faced in every rate cycle since 1992. Keep in mind that rates in our coastal counties are already significantly higher than inland counties for the same perils. Additionally, coastal homeowners all have separate wind and hail policy coverage on top of the higher rates. NCDOI needs to do something to make rates more equitable across the state. That does not even address that inland counties typically have wind and hail coverage included in base rates. [Coastal communities (20 counties) represent a minority of the homeowners in the state and legislators probably are reluctant to increase rates to the majority of homeowners in the rest of the state (80 counties).] Legislation passed during the 2012 General Assembly Session provides for public input this year in the rate filing process. A public hearing by the North Carolina Department of Insurance is scheduled for October 17th for the proposed rate hike that targets the southeastern region of the state for the largest increases. The deadline for submitting written comments is October 19th. After the public comment period, the filing will be reviewed by NCDOI experts to determine what, if any, rate adjustments are warranted. If the two parties cant agree on rate changes, N.C. Insurance Commissioner Wayne Goodwin will call for a public hearing for both parties to present their cases for any rate adjustments.
Presentation

Stewart Powell, insurance authority, spoke in lieu of Don Evans He covered a lot of ground in his one hour presentation In a nut shell:

1) 2) 3) 4) 5)

Availability vs. affordability Prices have been suppressed for a number of years Insurers are not charging enough to cover their exposures Statewide problem contraction in coverage Models indicate they need increase of 119% vs. 30% proposed

If I can take some liberty here, the message that I heard was that:
a) We are lucky that we are even being offered

coverage b) We are fortunate that it is only a 30% increase

Action Holden Beach commissioners passed a resolution and asked the Town Manager to draft a letter opposing the proposed rate increases in residential insurance for coastal North Carolina. The Town is concerned about the potential impact of this increase and is calling on our citizens to register their comments before the deadline too. Mail to: NCDOI, % Bob Mack, 1201 Mail Service Center, Raleigh, NC 27699-1201 E-mail to: 2012homeowners@ncdoi.gov. *** Town Holden Beach created a sample letter to be sent by concerned citizens *** October XX, 2012 Commissioner Wayne Goodwin NC Department of Insurance C/O Mr. Bob Mack, Property & Casualty Division 1201 Mail Service Center Raleigh, NC 27699-1201 Dear Commissioner Goodwin and Mr. Mack: I am writing to you as a homeowner in Holden Beach to request that you reject the proposed 30% increase in base rates for Territory #8, and that you also work toward a fairer rate structure for homeowners insurance in coastal North Carolina. Homeowners in Holden Beach (and the rest of Territory #8) already pay the highest base rates in the entire State of North Carolina. Current base rates are already 4 5 times higher than many other areas of North Carolina. The proposed 30% increase will only increase this disparity further. The current base rates are already excessive and unfair. The proposed rate increase will only add to this undue and excessive burden. If the proposed rate increase is

approved, it will likely add several hundred dollars, and for many, more than $1,000 of additional annual cost for homeowners insurance. Beyond the immediate proposed rate increase, please also re-examine the rate structure for homeowners insurance policies in North Carolina and work to narrow the disparity in costs between coastal areas and inland areas. As coastal residents, we certainly recognize the risk of hurricane damage and expect to pay higher premiums than inland areas, however, rates that are 4 5 times (and more) higher than other areas of the State are simply unfair. As one of your constituents, please demonstrate your concern for coastal North Carolina homeowners by taking a fresh look at the current rate structure, and seek to create a fairer rate structure. Sincerely, Your Name Your Address
2. Presentation on Population Data and Estimates for the Town Bob Coats, Governors Census Liaison

According to the US Census Bureau, HB has a permanent population of 575 You can make a fairly convincing case that we dont even have that many people here It is what it is! Reviewed methodology of both state and federal agencies Federal census decennial done by April 1st every ten years State utilizes three models and does it to the municipal level annually
Census 2010 All homes on all of the barrier islands will be visited by census workers beginning in March 2010. Because of the number of second homes and rental homes, forms will not be mailed to anyone on barrier islands. There will be approximately 25 census workers assigned to Holden Beach. It is very important that everyone is counted. Census information affects the number of seats your state occupies in the United States House of Representatives. Every year, more than $400 billion in federal funds is distributed to states and communities for things such as new hospitals, schools, better transportation and social services based on census results. 3. Presentation on Curbside Recycling Program Greg Brinkley, Waste Industries

The County has left the decision about recycling up to the local municipalities Waste Industries offers curbside recycling for a fee

County residences can sign up for annual service rate of $6.42 month or $77.04 year They also offer a reduced group rate of $3.65 month or $43.80 year THB would qualify if 100 residences participate in the program Broached topic of rescinding trash can requirements for rental properties For starters that is a little premature In addition, Im not at all on board with that proposal What Id like to see is more compliance not us rescinding the ordinance Trash can requirements / Ordinance 07-13, Section 50.10 a) Rental properties only b) One extra trash can per every two bedrooms c) Cost of $93.63 per can per year There was a brief discussion about having the Town pick-up the tab Progressive idea submitted by Commissioner Harrington We currently spend @$40,000 year for the dumpsters at the recycling center If the Town is really committed to recycling than the program should be 1) Mandatory 2) BPART funds utilized to minimize or eliminate the service fee We are not talking about big numbers here 1) 2,400 residences at $44 is $105,600 2) $105,600 less the $40,000 we spend for dumpsters now is $65,600 3) $65,600 % 2,400 residences is $27.33 per residence per year Even that number could be further reduced by utilizing BPART funds 1) Split the $105,600 with the town paying half $52,800 2) $52,800 % 2,400 residences is $22 per year or <$2 per month Two dollars a month is not going to have any negative socioeconomic impact on us This is doable if the Commissioners have the will to make it happen But thats just my take What I feel we should do is get more feedback from the community This would seem to be a good opportunity for a survey Either done by the Town or the HBPOA Survey would determine if it is worth pursuing and if so which path to take 1) No interest 2) Mandatory vs. voluntary participation 3) BPART funds used to offset part of cost 4) BPART funds used to offset all costs
4. Discussion and Possible Approval of Resolution 12-08, Resolution Amending the Fee Schedule of the Town of Holden Beach

Town would be responsible for the collection of fees, maintenance of records, and the additional rollback program workload. Adding a service charge of $6.20 in order to cover the cost of the Towns role in this program. The fee schedule is to reflect a fee of $50.00 for properties participating in the recycling program. A few things 1) How many residences are going to voluntarily participate 2) With dumpsters at recycling center how many will pay for curbside service 3) With rentals primarily in the summer why would owners pay for year round service 4) How many rental property guests take the time and effort to go to recycling center And another thing Why do we rollback trash cans on Ocean Boulevard but not the other streets How much more would it really cost to provide this service to all property owners? Dont see this happening unless the Town minimizes or eliminates the service fee
5. Water System Survey Final Report Shane Lippard, Right Angle Engineering Water System Rehashed July presentation

A) B) C) D) E)

Inventory Assets Prioritize Assets Plan for the Future Implement Plan Update Annually

Water system replacement will require major capital outlays. No surprise there. System was installed in 1978; it is 34 years old with the expected useful life being just 35 years. In other words we are reaching or are already past the useful life of the system. Need to start to do something sooner rather than later. We are at the tipping point; our choice here is to be either proactive or reactive. Its been my experience that breakdowns occur at the worst opportune times. What if we had a system breakdown in July? Structural degradation is higher on the main lines. First phase of the project would be a system upgrade of main 12 pipes that run the length of the island. System shape / condition unknown until we actually start project.

Federal government is offering 0% interest loans for major capital improvements Thats right zero percent (0%), no charge to borrow the money now Remove and replace entire system will cost @$6.5 million dollars $325,000 year Adjust rate structure to cover debt service o $10 increase per residence per month or $120 per year Cost of project will escalate the longer we wait o need to factor +2% annually to cover inflation rate The only question is when the BOCs think that this long overdue infrastructure replacement should begin. They would like to put it off as long as possible. Requested that Shane determine how long the no interest loans will be made available for. Wait for it, wait for it no decision was made. Once again, Kick the Can Down the Road!
6. Presentation of the Preliminary Sketch Plan for Town Owned Properties as Recommended by the Parks & Recreation Advisory Board Chris May, Executive Director, Cape Fear Council of Governments

Parks & Recreation Master Plan 1) Five year plan serves as a reference document and a guideline to implement a) Documents needs & desires b) Provides direction c) Flexible and fluid document d) Basis for prioritizing projects *** Simply a guideline, no requirement for board to adopt any part of the plan Utilized 1) Parks & Recreation Master Plan 2) Citizen survey 3) BOCs goals 4) Staff input 5) Parks & Recreation Advisory Board recommendations Took what they heard we wanted and presented two options 1) Spoil conservation area Located between Greensboro and Scotch Bonnet off OBW

2) Waterway area across from Town Hall Located between Rothschild and Davis behind the water tower

Apparently we now have enough to work with to schedule a workshop Workshop is scheduled at Town Hall on Thursday, October 25th at 2:00pm
7. Police Report Chief Wally Layne

Community Watch Its that time of year Need to look out for each other and report any suspicious activity Call 911 if you see or hear anything suspicious Request property check by the police if you will be out of town Break in season has officially started Multiple ocean front properties have had flat screen TVs taken Kicking it up a notch this year several HVAC units have been taken for copper in units Officer Ian Evans our newest hire (July) already moving on Apparently he was offered a better opportunity as an officer in Shallotte Starting salary $5,000 higher with another bump in less than a year That means our current staffing is only seven (7) police officers. Speed limit has changed from 35mph to 45mph west of the general store. This change will be in effect until April 1st
8. Discussion and Possible Approval of Resolution 12-09, Resolution Endorsing the Cooperative Urban Transportation Planning Process as Conducted by the Grand Strand Area Transportation Study (GSATS)

After the 2010 Census, federal officials determined a swath of southern Brunswick would be switched to Myrtle Beach's Grand Strand Metropolitan Planning Organization (MPO). Those towns, Carolina Shores, Calabash, Sunset Beach, Ocean Isle Beach and Shallotte, had been in the North Carolina based Cape Fear Rural Planning Organization (RPO). The absorption of the five towns is mandatory and is already a done deal. Metropolitan and rural planning organizations coordinate transportation planning for a designated area. Grand Strand officials have offered transportation planning services for two other sections of Brunswick County: Holden Beach and Varnamtown in one scenario, and Oak Island,

Southport, Caswell Beach and St. James, in the second scenario. They will not leapfrog a town if somewhere further north wants to be part of the move.

Urban cluster areas inclusion is voluntary Therefore its up to us whether we choose to join the MPO Dj vu, second agenda item where we rehashed material Town Manager was asked for and gave recommendation to join MPO already has designated money (federal funding $$$) Gives us a seat at the table where the money is BOCs determined membership would be advantageous to the Town In other words, we are voluntarily choosing to join the MPO
9. Discussion and Possible Approval of Ordinance 12-06, An Ordinance Directing the Building Inspector to Repair or Demolish the Dwelling at 115 Canal Drive, as Dangerous for Human Occupancy, Pursuant to Chapter 151B of Town Code and Directing that a Notice be Placed Thereon Prohibiting its Use and Occupancy

Protocols for Condemnations a) Notice of violation b) Permits c) Notice of hearing d) Issue order of demolition Eleven (11) residences were condemned Two have already been removed Two are scheduled to be removed Six have obtained permits and are doing the work necessary for compliance 109 OBW is in litigation o See my comments in Upon Further Review Maces on the waterway is located at 115 Canal Drive Pictures really told the story Its amazing that the building is still standing Town viewed situation as an amicable condemnation / demolition Bulkhead can be saved making the property more valuable 150.34 ENFORCEMENT Procedure for hearing.
After the notice and hearing, the Building Inspector shall state in writing the determination as to whether the structure violates this subchapter. If the Building Inspector determines that the dwelling is in violation, he shall state in writing his findings of fact to support such determination, and shall issue and cause to be

served upon the owner thereof an order directing and requiring the owner to either repair, alter, and improve the structure; or else to remove, close, vacate, or demolish the structure; within a specified period of time, not to exceed 90 days.

10. Town Managers Report

1) Fire station renovations are underway 2) Auditors report Fiscal Year 2011-2012 will be given at November meeting Hopefully Audit Committee Report will be too
11. Public Comments on General Items

Owners of Sunset Slush requested to be put on the agenda at a future BOCs meeting There shop has been operating on Holden Beach for the last three years Customers continually ask them why they do not have pushcarts on the beach strand They currently have pushcarts on Ocean Isle Beach Would like to request permission to operate pushcarts on HB beach strand too Asked the commissioners to consider what is best for the tourists who stay here and support us

General Comments
Started with >25 members of the community in attendance Meeting turned into over a three hour marathon Herd was thinned out to <10 members of the community by the end of the meeting Glad I ate dinner before I went since the meeting ended after 10:00pm The Board was first going into an Executive Session Recycling trash cans and replacing the water system for approximately $12 a month Seriously, is there anyone who owns property on this island that cant afford $144 a year? Come on man

Reminders

Yard Debris: Pick-up is provided twice a month on the 2nd and 4th Fridays of October, November and December. Yard debris needs to be secured in a biodegradable bag or bundled in a maximum length of 5' and 50 pounds in weight. A total of ten items (bundled of brush / limbs, bags) will be picked up by Waste Industries. Yard debris must be placed at the street for pick-up. No pick-ups will be made on vacant lots. Festival by the Sea Saturday & Sunday, October 27th & 28th Greater Holden Beach Merchants Association / http://www.hbmerch.com 1) Parade down the Causeway kicks off the event 2) Arts & Crafts 3) Entertainment 4) Food

Beach Consortium Meeting Town is hosting meeting at Town Hall on Thursday, October 18th at 10:00am Coastal communities discuss their common issues and concerns

American Shore & Beach Preservation Association (ASBPA - In the early years, the primary interest was in combating erosion and restoring eroded beaches. Recently, the work of the Association has been expanded to a broad range of activities and interests related to the overall planning and management of shores and beaches. Recognizing the great diversity of our coasts, the Association encourages regional workshops, as well as national meetings to benefit those working with our shores and beaches. Shipwreck Sprinternational Triathlon at Holden Beach 2012 Second year event being held it is scheduled for Saturday, November 3rd Distance: a) Swim 1 kilometer (1 kilometer = .540 miles / .540 miles) b) Bike 30 kilometer (1 kilometer = .540 miles / 16.2 miles) c) Run 8 kilometer (1 kilometer = .540 miles / 4.32 miles) For more information visit web site below or contact Amanda Rose at 8426488 http://www.setupevents.com/? fuseaction=event_detail&eventID=2133

Upon Further Review

One year later, all things are as they were Shrimp boat Southern Lady is sinking on the north side of ICW across from the Chapel. Town has followed protocols and contacted multiple government agencies with no results so far since it is not hampering navigation. Appeal of demolition order for the property, Captain Jacks the apartments across from Castaways restaurant, located at 109 Ocean Boulevard West. Despite previous approvals of building permits the Town Building Inspector started condemnation proceedings. Condemnation appeal hearings were held for several days. Bottom-line is that we are defending the present building inspectors actions against a prior building inspectors actions. THB had final meeting on Friday September 7th regarding continuation of appeal of demolition order for the property located at 109 OBW. Requested and received copy of ORDER My first take was that the matter was resolved With the Wisdom of Solomon it appeared that they decided to split the baby 1) The appeal was denied 2) They have the option to complete work on any permits that were issued Upon further review I realized I did not understand the decision

I contacted the Building Inspector and asked 1) Are they able to get additional permits to complete the project? 2) Has the condemnation proceedings been withdrawn? The Town responded that the petitioner (109) has filed a writ of certiorari in Superior Court regarding this matter and they must refer all inquiries relative thereto to the town attorney. (Certiorari is a type of writ seeking judicial review, meaning an order by a higher court directing a public authority to send the record in a given case for review.) Now my assessment of the situation is that the matter is still not resolved. As I suspected this is only the beginning of a very long process that includes additional appeals and litigation before this matter is resolved. The owners feel the matter has already been decided in their favor because of the issuance of previous building permits, the CAMA Exemption and the Certificate of Compliance. To be continued If you want additional information I have copies of both the notice of appeal and order.
*** Send me request for Captain Jacks PDF files and I will e-mail them to you ***

Corrections & Amplifications

This month in the continuing saga of Mark Saunders and The Coastal Companies Homeowners at Seawatch community are still waiting for infrastructure and amenities

Read more here:

http://www.starnewsonline.com/article/20120903/ARTICLES/120909972

Seascape owners file suit

Read more here:

http://www.starnewsonline.com/article/20121012/ARTICLES/121019881

Feline Management Program

The Town has decided to sponsor and administer a Feline Management Program which is essentially a community supported animal rescue program. Although the stated intent is animal rescue it may be the answer to our rodent issue and effectively deal with this situation. Unlike most other

communities which have implemented feline management to control feral cats, this one will introduce them to our island. For additional information or to volunteer for the Feline Management Program contact: Amanda Wiggins - Parks & Recreation Programs Coordinator / 842.6488 /
recsvs@hbtownhall.com

Read more here:

Holden Beach decides to import some feral cats Feral cats are enlisted, carefully, on one island
http://www.starnewsonline.com/article/20120929/ARTICLES/120929624

http://www.starnewsonline.com/article/20121002/ARTICLES/ *** MIA article is not available online yet??!!

Holden Beach pursues cat rescue program for island http://www.brunswickbeacon.com/content/holden-beach-pursues-cat-rescueprogram-island

Odds and ends

That time of year to consider scheduling home projects Lous Approved Vendor List attachment 1) Service providers in our area that I have personal experience with 2) Not on list either I am not familiar with their service or I can no longer recommend them

General Election - Tuesday, November 6th

1) Encourage everyone to vote 2) Remember its a right and a privilege to be able to do so 3) Polling place location is at a) Coastline Rescue Squad, 3027 Holden Beach Rd., Supply 4) Voters can cast their ballots early starting Thursday, October th 18 a) Closest locations are the following: o Brunswick Educational Transition Center, 104 Ocean Hwy, Supply o National Guard Armory, 5050 Main St, Shallotte

Read more here:

The North Carolina State Board of Elections web site: www.ncsbe.gov.

Factoid That May Interest Only Me The towns of Brunswick County - Holden Beach, N.C.
Established: 1969 Origin of name: In 1756, Royal Gov. Dobbs gave land to Benjamin Holden, governor of colonial North Carolina. Records from 1785 refer to the area as Holden Beach. What its known for: Holden Beach pavilion on Jordan Boulevard, which serves as a stage during festivals and can be rented for private functions. Whats grand about it: Holden Beach offers a beautiful family beach with a plethora of different wildlife in the area. Major events: | Day at the Docks and Festival by the Sea Property tax rate: $0.127 per hundred of assessed value Read more here:
http://www.myrtlebeachonline.com/2012/09/23/3039367/the-towns-of-brunswickcounty.html#storylink=misearch#storylink=cpy

Things I Think I Think

The NFL Network has reached a multiyear agreement with Time Warner Cable (TWC) to start carrying NFL Network and NFL RedZone. NFL Network is the home of Thursday Night Football, 13 primetime NFL regular season games. The NFL RedZone whips around every NFL game on Sunday afternoons, switching from game to game, delivering the crucial plays, highlights and touchdowns as they happen. The NFL RedZone can be described in one word - Wow! This is the best $6 Ive ever spent. Yes, its even better than sliced bread Makes watching regular TV broadcast games seem quaint. Restaurant Review: Dinner Club visits a new restaurant once a month. Ratings reflect the reviewers
reaction to food, ambience and service, with price taken into consideration.

Name: Manna Cuisine: New American Location: 123 Princess Street, Wilmington (downtown) Contact: 910.763.5252 / www.mannaavenue.com
Food: Average / Very Good / Excellent / Exceptional Service: Efficient / Proficient / Professional / Expert Ambience: Drab / Plain / Distinct / Elegant

Cost: <=40 Rating:

Inexpensive <=17 / Moderate <=22 / Expensive <=27 / Exorbitant Two Stars

Opened in the fall of 2010, Manna is touted as one of the best restaurants in Wilmington. Sorry to say that it was simply not up to our expectations. They offer a very limited menu that frequently changes. Amusing dish names did not make up for the food not being great. The bar area deserves mentioning and was one of the best weve been to. Its just not quite Three Stars, but I still would recommend going especially for a special-occasion. Book Review: Read over six (6) books from The New York Times best sellers fiction list monthly Selection represents this months pick of the litter /// The Beautiful Mystery by Louise Penny Chief Inspector Armand Gamache investigates a murder of a renowned choir director of Gregorian chants at a secluded monastery. He is challenged to find the killer in a cloistered community that has taken a vow of silence. This is the eighth entry in her acclaimed Chief Inspector Gamache series and is a variation on the locked room no exit whodunit plot.

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