TOWN OF HOLDEN BEACH

BOARD OF COMMISSIONERS REGULAR MEETING TUESDAY, MARCH 13, 2012

Unofficial Minutes & Comments

Lous Views

1. Question/ Answer Period with Time Warner Representatives

Time Warner Cable Kevin Wire, Technical Operations Manager TWC representatives got blasted with complaints Groundhog Day same story the last three years TWC made commitments again to address complaints and fix these issues They have @1,917 customers on the island Town has contract with them till 2016 Issues with price / service / quality a) Price Fees based on programmers Recommended you call and take advantage of special offers b) Service Town Hall is the drop point for control box, pickup return box there Call center no longer located in Wilmington, calls shared across four centers Performance levels 1) Average time phone call answered 81 seconds 2) Average time service call made to make repair 29 hours 3) System reliability 99.98% 4) Network outage goal to restore service 60 minutes c) Quality Replaced or updated older equipment Spent millions of dollars in upgrades d) Commitments They want to fix these issues They will continue to work towards improved service *** The most significant complaint was reliability or service quality. Several knowledgeable people in the audience questioned their statistics, suggesting that they were misleading and had been massaged. If you are unhappy with their service you always have the option of switching to other available service providers.

2. Discussion and Possible Action on Proposed Parks & Recreation Master Plan

Presentation made by Amanda Wiggins, Parks & Recreation Programs Coordinator What is it? 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 Why do we need it? 1) Prerequisite for any grant funding applications 2) Reference document when we apply for a grant What was the process? 1) Worked on for over eight months 2) Surveyed owners & tourists 3) Two public meetings were held 4) Inventoried existing facilities both here on the island and nearby 5) Parks & Recreation Advisory Board made recommendations and approved plan 6) BOCs approved *** Simply a guideline, no requirement for board to adopt any part of the plan
3. Discussion and Possible Approval of Resolution 12-03, Resolution Adopting a Policy for Mutual Assistance with Other Law Enforcement Agencies Police Report Chief Wally Layne

State mandated formalization of existing understanding between every law enforcement agency in the state
4. Discussion and Possible Approval of Ordinance 12-02, An Ordinance Amending Ordinance No. 11-09, The Revenues and Appropriations Ordinance for Fiscal Year 2011 2012 (Amendment No. 2) (FEMA Grant Funds)

FEMA grant reimbursements 1) FEMA Irene PW 584, $189,474 for sand fencing and vegetation 2) FEMA Irene PW 559, $447,960 for beach strand nourishment

Essentially this ordinance segregates funds

5. Discussion and Possible Ratification of Contract to Develop a Third Party Environmental Impact Statement (EIS)for the East End Shoreline Protection Project (Terminal Groin) with Dial Cordy & Associates

Budgeted $300,000 for the contract Actual cost is $420,000 Additional field data collection may be required at a cost of $100,000 Total cost of approximately $520,000 Target date of twenty-four (24) months for completion Unable to move forward with CAMA permit without first obtaining EIS All of the commissioners indicated that they had some reservations about moving forward Apparently they feel that we have a limited window of opportunity to get it approved Once the terminal groins are constructed the state will study and evaluate their effectiveness Big question is - Who knows if and when additional terminal groin sites will be approved? The fact of the matter is we spend big bucks each year for beach strand nourishment Therefore they unanimously believe that the right thing to do is to approve this contract
6. New Building Code Revisions and Impacts to Insurance Building Heights / Areas Inspections Director Tim Evans

Code adopted by legislation, mandatory compliance its the law Code books not in the field yet Any new permit applications will be checked against the new code Change applies anywhere you have a flood zone (Thats us!) Base Flood Elevation (BFE) was the point you start building from Now its BFE plus one foot is the point you start building from Island has thirty-five (35) foot height limitation restriction Therefore it will impact the architectural design of any new construction
7. Town Managers Report

Condemnation of structures on the island 1) Condemnation order issued for Captain Jacks

2) Case files created for eight (8) other structures 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. Appeals and possibly litigation is probable if he is going to bring this project to fruition. Vacation Rentals by Owner (VRBO) Town staff has taken initiatives to identify properties They are tracking down owners and verifying that Occupancy Taxes are being paid as required Compliance will generate additional Occupancy Tax revenue for the Town 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 Recycling Center operational now Dumpsters in fenced in area behind the water tower Beach Strand beach grass is in the process of being planted Budget tip off of budget season Workshops are scheduled Local governments must balance their budget by a combination of the following: 1) Raising taxes 2) Cutting spending 3) Operating more efficiently School of government has selected HB as a case study
8. Mayors Comments

Last meeting the Mayor requested permission to send letter to the powers that be regarding abandoned shrimp boat Southern Lady which is sinking on the north side of ICW across from Town Hall. He has either met with or contacted them all but has been unable to get any action so far. Days at the Docks is scheduled for April 28th and 29th this year Animal control acknowledges that it is an issue Owner responsibilities are spelled out in our ordinances

General Comments
Sixty (60) members of the community in attendance Only thirty (30) after TWC discussions were completed, which was about ninety (90) minutes later Holden Beach to get sand from ocean floor near Oak Island There is beach-quality sand two to three miles offshore of Oak Island, according to the U.S. Army Corps of Engineers. And as soon as the Corps dredges it up, the sand will be placed not on Oak Island, but on Holden Beach free of charge and compliments of the federal government. Unlike some of its neighbors, Holden Beach has taken a proactive approach to replenishing its beachfront by annually footing the bill to replace sand that washes to sea. That effort has helped the town's beach qualify as an "engineered beach" and tap millions of dollars from the Federal Emergency Management Agency (FEMA). Holden Beach has filed the paperwork and put the money into their beaches to receive the designation. The town annually pulls tax dollars to fight erosion in designated projects. In return they have seen hundreds of thousands of dollars pumped back into those projects.

Request
Would like to continue to increase newsletter circulation Request you forward this e-mail to other members of the community Especially if you have access to a distribution list of property owners here on the island Anyone that would like to be added to my distribution list can send me an email at:

hbpoin@ec.rr.com

Reminders
Residential yard waste service all waste has to be bundled. For additional information call Waste Industries at 910.253.4177. Time change means time to check smoke detectors, too The fire department is encouraging people to test their smoke alarms and change the battery. Smoke alarms should be replaced every 10 years, whether they are battery-operated or hard-wired.

Corrections & Amplifications

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. The bonds were posted to ensure that water systems, sewer systems and roads would be built at various subdivisions. The letter says the insurers are obligated to provide the money or else breach the obligation. But the decision to send the letters stemmed from a number of concerns by the county, officials said. Brunswick County Attorneys gave two reasons for the action they were worried about compound debt and had grave concerns that The Coastal Companies will be unable to fulfill its obligations. "Recent developments have made clear that the principal will not install the remaining improvements guaranteed by the subdivision bonds," the letter says. Therefore, it is necessary to inform the bonding company of these concerns and make a demand for payment on the various bonds. The letter lists a Bank of America lawsuit against Saunders and a federal tax lien as contributing factors. In January, Bank of America filed suit against Saunders and several companies associated with him, charging they have defaulted on about $78 million in debt. In addition, Bank of America had asked a N.C. Business Court judge to appoint a receiver for numerous companies associated with Saunders. The bank argued that a receiver was necessary to "preserve and protect" the properties and income that might stem from the properties and to ensure that the property was maintained. Last week Business Court Chief Judge John Jolly Jr. denied Bank of Americas request for a receiver in its suit against the developer. The order said the bank failed to provide evidence that the Saunders property or profits were in danger of being lost.

Factoid That May Interest Only Me

Tri Beach Fire Department Station 2 One unmanned station on the island Ninety-eight (98) responses on the island last year Seventy-eight (78) percent are from Memorial Day to Labor Day

Upon Further Review

Terminal groins structures run perpendicular to the shore and close to a tidal inlet to catch sand and keep the shoreline intact. Towns position is that a

terminal groin could be a vital part of our beach nourishment program; providing stability in the most erosion prone areas of the island. Wilmington District, Corps of Engineers, Regulatory Division held a public scoping meeting on Thursday March 8th for the Town of Holden Beach's proposed East End Shoreline Protection Project (terminal groin) within jurisdictional waters of the United States. The CORPS solicited comments from the public for consideration in the preparation of the Draft Environmental Impact Statement (EIS) concerning the Town's proposal. Unable to attend meeting Notes are from newspaper article and a little help from my friends No presentation of the terminal groin project Explanation of the process was given Public input requested on what to include in EIS First stage of lengthy permitting process Work plan terminal groin locations are subject to change

For additional information visit the following web sites: NC TERMINAL GROIN STUDY
http://dcm2.enr.state.nc.us/CRC/tgs/finalreport/6%20-%20Construction%20and %20Maintenance%20Costs.pdf

NC Coastal Resources Commission

http://dcm2.enr.state.nc.us/CRC/crc.htm

Holden Beach Terminal Groin Work Plan

Send me request and I will send you the PDF file

Town hired Dial Cordy & Associates, a Wilmington based environmental consulting firm, to prepare an Environmental Impact Statement (EIS) to aid in determining the viability of constructing a terminal groin on the east end of Holden Beach. Preparation of the EIS is a fundamental requirement of both the new state legislation enabling permitting of up to four terminal groins in North Carolina and the National Environmental Policy Act. The boards selection of the firm will be forwarded as a recommendation to the U.S. Army Corps of Engineers, to develop a third-party EIS for the east-end shoreline protection (terminal groin) project and appropriate funds for it. It is anticipated that the EIS effort will take up to two years to complete thus ensuring a thorough review, analysis and a high degree of public input. My concerns are as follows:

1) Town needs to bring us up to speed How many of you knew about or saw the fifty-four (54) page Work Plan? Do we have public support for this project a) Do we even want one here seek public input 2) Monetary costs Cost-benefit analysis needs to be done How are we going to pay for this? 3) Effectiveness Data inconclusive 4) Impact Unintended adverse consequences Again Im neither for nor against building a terminal groin. That said I just need a lot more information to make an educated decision about moving forward in constructing a terminal groin here. Weve already committed big bucks without really getting any public support or having the financial resources necessary if we are approved to build one here.

Odds and ends

Lous Restaurant Review: Name: The Grille Cuisine: Gourmet Gas Station Food Location: 20 Naber Drive, Shallotte Contact: 910.754.6190 Cost: Inexpensive with the average price <=$7 Atmosphere: Very Casual Gourmet Gas Station Food is an oxymoron. The Grille is located in the convenience store at the gas station behind Naber Dodge. Exceptional value, the food is very good and it is fairly inexpensive, they serve breakfast and lunch only. Not your traditional location but worth visiting when youre running errands in town.

TOWN OF HOLDEN BEACH

BOARD OF COMMISSIONERS SPECIAL MEETING

THURSDAY, MARCH 15, 2012

2012 Proposed Goals

1) Water & Sewer Systems a) Maintenance b) Upgrades Sewer structures are inadequate c) Reserve funds d) Emergency plans 2) Infrastructure a) Sidewalks b) Streets 3) Recycling a) Educate public b) Improve level of participation 4) Town Facilities / Recreational Needs a) Parks & Recreation Master Plan prioritize b) Land use utilize newly acquired properties c) Accesses need additional points d) Public Restrooms increase number e) Town Hall increase utilization 5) Beach Strand a) Continue course of action, maintain engineered beach o Nourishment o Sand fencing o Vegetation b) Terminal Groin application c) Offshore Beach Nourishment application 6) Public Safety a) Fire Department Station 2 manned station will improve response times b) Animals owner responsibilities, ordinance compliance and enforcement c) Public Health mosquitoes, rats, snakes, deer d) Permitting review procedures, costs, and penalties 7) General / Management a) Tax Rate b) Improve communications to the community c) Manpower requirements and compensation d) Police Department need replacement vehicles

General Comments

Mayor, Commissioners and Staff

I was the only member of the community in attendance