Approval of Agenda 2. Consent Agenda 3. First
THE VILLAGE OF BALD HEAD ISLAND REGULAR COUNCIL SESSION 2:30PM November 20, 2015 Location: BHA
1. Call to Order/Approval of Agenda Mayor Sayre called the meeting to order at 2:30pm. Councilman Douglas made the motion to accept the agenda was written with all in favor (5-0). J. Andrew Sayre Gene Douglas Art Morris Robert Helgesen Joe Ridgeway Calvin Peck Chris McCall John Parker David Cox Ken Bowling Virginia Cummings Nancy Riegel Stephen Boyett Charles Baldwin Daralyn Spivey
Mayor Mayor Pro Tempore Councilman Councilman & Chair of SIG Councilman Village Manager Assistant Manager Field Supervisor Public Works IT Manager Utility Director Finance Officer Human Resource Officer Director of Development Services Village Attorney Village Clerk
Also in attendance were Judy Porter and Carrie Moffet (Bald Head Association); Larry Lammert, Dick Johnston, Duncan Hilburn (Berry Padgett & Chandler LLC); Alix Payne, Citizenry.
2. Consent Agenda: Councilman Helgesen made the motion to approve the consent agenda with all in favor (5-0).
3. First Reading and Set Public Hearing for: 3.1 Artificial Lighting Text Amendment. The village has worked very hard on the issue of wind energy leases along with the Bald Head Association over the last few months. Under the advice of the Village attorney it has become necessary to include the clarification to the purpose of the Villages regulation
of artificial lighting. It is critical to protect the dark night sky from the purposed wind turbines which are heavily lit. The current ordinance only addresses sea turtles. 3.2 Public Hearing for Contractor Services Property: Mr. Peck explains this is also an over sight that happened this fiscal year and discovered during the audit process. In an effort to correct the oversight prior to the next audit, the public hearing will be held in December. 3.3 Public Hearing Land Purchase for Battery 4 Lot: Mr. Peck explains this is in reference to the findings of the audit. It is a public hearing to correct the oversight of the land purchase. 3.4 Public Hearing for the WWTP: Mr. Peck reports this is a requirement by statute for the purpose of purchasing real property. Public Hearing will be set for the December meeting.
4. Old Business: 4.1 Brunswick County Hazard Mitigation Plan Interim Adoption: Mr. McCall explains this is in response to the necessary Brunswick County Hazard Mitigation Plan (HMP). The Village’s HMP will expire in January 2016 and the County/Regional HMP will not be ready. FEMA requires no lapse in coverage and approval of this resolution will meet the requirements to hold our HMP in place until Brunswick County is ready with the Regional Southeastern North Carolina Hazard Mitigation Plan. Staff recommendation is to approve the Resolution. The Resolution reads as follows: Resolution 2015-______ HAZARD MITIGATION PLAN WHEREAS, the Village of Bald Head Island is vulnerable to an array of natural hazards that can cause loss of life and damages to public and private property; and WHEREAS, the Village of Bald Head Island desires to seek ways to mitigate situations that may aggravate such circumstances; and WHEREAS, the development and implementation of a hazard mitigation plan can result in actions that reduce the long-term risk of life and property from natural hazards; and WHEREAS, it is the intent of the Village of Bald Head Island to protect its citizens and property from the effects of natural hazards by preparing and maintaining a local hazard mitigation plan; and WHEREAS, it is also the intent of the Village of Bald Head Island to fulfill its obligation under the North Carolina General Statutes, Chapter 166A: North Carolina Emergency
Management Act and Section 322: Mitigation, Planning of the Robert T. Stafford Disaster Relief and Emergency Assistance Act to remain eligible to receive state and federal assistance in the event of a declared disaster affecting the County; and WHEREAS, Brunswick County, in coordination with numerous other municipalities has prepared a multi-jurisdictional hazard mitigation plan with input from the appropriate local and state officials; and WHEREAS, the North Carolina Division of Emergency Management and the Federal Emergency Management Agency have reviewed the hazard mitigation plan prepared for Brunswick County for legislative compliance and has approved the plan pending the completion of local adoption procedures. NOW, THEREFORE, BE IT RESOLVED THAT THE VILLAGE COUNCIL FOR THE VILLAGE OF BALD HEAD ISLAND HEREBY: 1. Adopt the Brunswick County Multi-Jurisdictional Hazard Mitigation Plan effect November 20, 2015. 2. Agrees to take such other official action as may be reasonably necessary to carry out the proposed action of the Plan. Adopted this the 20th day of November, 2015.
Councilman Ridgeway made the motion to adopt the resolution with all in favor (5-0).
4.2 Bids for WWTP/Wells: Mr. Peck advised on November 12th the bid opening took place. The recommendation is to award the bid to TA Loving for $955K for the WWTP Re-Use project and to award the bid for the well installation for $120,250 to ARM. Mr. Peck also advised that an award for contract for construction cannot be given until a permit has been issued. The Village will issue a notice of award to hold bids until the permit is in hand. Councilman Helgesen made the motion to approve the bid award with all in favor (5-0). 4.3 Public Safety Building: Mr. Peck advised the committee met and narrowed down the applicants for the Construction Manager @ Risk from five (5) to three (3). Staff recommendation is to approve the contract to hire Clancy and Theys as the Construction Manager at Risk for the Public Safety Complex. Councilman Morris made the motion to hire Clancy and Theys with all in favor (5-0).
4.4 Reimbursement Resolution WWTP ReUse and Wells: Mr. Peck explained the reason for the Reimbursement Resolution is to allow the Village the ability to reimburse itself from General Funds monies spent from financing proceeds. The Resolution reads as follows: Resolution #2015 _______
A RESOLUTION OF THE VILLAGE OF BALD HEAD ISLAND DECLARING THE VILLAGE’S INTENT TO FILE AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT FOR THE WASTE WATER TREATMENT PLANT AND WELLS UPGRADE. WHEREAS, the Village of Bald Head Island wants and intends to upgrade the Waste Water Treatment Plant and Wells to better serve the citizens of the Village of Bald Head Island; and WHEREAS, the Village intends to finance the Project with the loan proceeds from an Installment Financing authorized under North Carolina Statue 160A, Article 3, Section 20 ; and WHEREAS, the proposed contract is necessary or expedient for the village to continue offering necessary services; and WHEREAS, the probable net revenues of the project to be financed will be sufficient to meet the sums to fall due under the proposed contract. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Village Manager is hereby authorized to act on behalf of the Village of Bald Head Island in filing an application with the North Carolina Local Government Commission for approval of the Project and the proposed financing contract and other actions not inconsistent with this resolution. This resolution is effective upon its adoption this 20th day of November, 2015. The motion to adopt this resolution was made by _________________________ Seconded by _____________________________ and passed a vote of ________ to ________.
This is to certify that this is a true and accurate copy of Resolution No.__________Adopted by the Village Council of Bald Head Island on the 20th day of November, 2015.
Councilman Douglas made the motion to adopt the Resolution with all in favor (5-0).
4.5 Budget Amendment: Virginia Cummings, Finance Officer, explained the Budget Amendment is to temporarily fund expenditures in connection with the WWTP and the well upgrades. Councilman Morris made the motion to accept the amendment with all in favor (5-0).
4.6 Declare Village’s Intent/ LGC Application WWTP: Ms. Cummings requested Council authorize the resolution allowing staff to make the application to the Local Government Commission for financing of the WWTP. Councilman Helgesen made the motion and Councilman Douglas seconding the motion to move forward with the application process with all in favor (5-0). Resolution #2015 _______
A RESOLUTION OF THE VILLAGE OF BALD HEAD ISLAND DECLARING THE VILLAGE’S INTENT TO FILE AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT FOR THE WASTE WATER TREATMENT PLANT AND WELLS UPGRADE. WHEREAS, the Village of Bald Head Island wants and intends to upgrade the Waste Water Treatment Plant and Wells to better serve the citizens of the Village of Bald Head Island; and WHEREAS, the Village intends to finance the Project with the loan proceeds from an Installment Financing authorized under North Carolina Statue 160A, Article 3, Section 20 ; and WHEREAS, the proposed contract is necessary or expedient for the village to continue offering necessary services; and WHEREAS, the probable net revenues of the project to be financed will be sufficient to meet the sums to fall due under the proposed contract.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Village Manager is hereby authorized to act on behalf of the Village of Bald Head Island in filing an application with the North Carolina Local Government Commission for approval of the Project and the proposed financing contract and other actions not inconsistent with this resolution. This resolution is effective upon its adoption this 20th day of November, 2015. The motion to adopt this resolution was made by _________________________ Seconded by _____________________________ and passed a vote of ________ to ________.
This is to certify that this is a true and accurate copy of Resolution No.__________Adopted by the Village Council of Bald Head Island on the 20th day of November, 2015.
5. New Business: 5.1 Financial Report: Ms. Cummings presented the financial report: General Fund: the overall revenues are higher than the same period last year. Beach Fund: $5.94M Facility Construction/Expansion: $44K Stormwater Management: $44K Infiltration Pond System: $12K Creek Access Grant Reimbursement: Reimbursement funds from the North Carolina Public Beach and Coastal Waterfront Access Program have been received. The Creek Access Expansion project is now completed.
5.2 FY 2014-15 Audit Presentation: Duncan Hilburn, with the firm of Berry, Padgett & Chandler, LLC presented the audit to the Council which is required annually by statute. The auditing period is from July 1, 2014 through June 30, 2015. Based on the audit, the Village is in very good
standing. There was issue with the purchase of Battery 4 Lot that took place during the 2014-15 fiscal year which was simply a procedural oversight. The purchase was made with public funds which require a public hearing in advance of the purchase. The purchase of the property was done in open session but the Village needs to correct the issue by holding a public hearing during the December meeting, with it properly posted ten (10) days in advance of that meeting. 5.3 Statement of Result of Special Election: Mr. Peck reports Council is required to notify and the Council to certify to the LGC of the result of the special election. There were a total of 227 voters registered and qualified to vote in this election with 81 for and 81 against the Broadband Bond Referendum. Councilman Morris made the motion to accept/certify the results of the special election with all in favor (5-0).
6. Managers Report: Wind Energy/BOEM: Mr. McCall in an effort to get the wind energy area moved to a minimum of twenty-four (24) nautical miles offshore has to date included letters to the Governor, the Secretary of the Department of Environmental Quality, BOEM officials and the Secretary of the Interior. Additionally a FOIA request has been made and our lobbyists are actively involved. Terminal Groin: Sits at 99% completion. The Contractor’s expected date of completion was November 8 however there was a shortage of materials that would be placed on the seaward end of the structure. Estimated date of completion is currently the first week of December. Flood Rate Maps: FEMA 90 day period is in place. The Village has been successful along with the help of the Association getting the word out to those affected. Jetty Extension Project: Mr. Peck reports Bald Head Island Limited, Yacht Club and Transportation have all paid their portion of the project. Project is complete. Building Inspections Stephen Boyett reported he currently has 20 houses under construction.
7. Comments Reports and Questions:
Bald Head Association: BHA Judy Porter has completed a two year reorganization of the guidelines and are currently posted on the website. She also thanked the Council for the consideration of the irrigation issue heard at the workshop session. Stage II No Representation BHI Limited: No Comment Conservancy: No representation Club: No Representation Citizen: No Comment Mayor and Council: Mayor reminded the next Council Meeting will be December 11th.
8. Adjournment: Councilman Douglas made the motion to adjourn at 3:10 pm with all in favor (5-0).
___________________ J. Andrew Sayre Mayor
_____________________ Daralyn Spivey Village Clerk
1. Call to Order/Approval of Agenda Mayor Sayre called the meeting to order at 2:30pm. Councilman Douglas made the motion to accept the agenda was written with all in favor (5-0). J. Andrew Sayre Gene Douglas Art Morris Robert Helgesen Joe Ridgeway Calvin Peck Chris McCall John Parker David Cox Ken Bowling Virginia Cummings Nancy Riegel Stephen Boyett Charles Baldwin Daralyn Spivey
Mayor Mayor Pro Tempore Councilman Councilman & Chair of SIG Councilman Village Manager Assistant Manager Field Supervisor Public Works IT Manager Utility Director Finance Officer Human Resource Officer Director of Development Services Village Attorney Village Clerk
Also in attendance were Judy Porter and Carrie Moffet (Bald Head Association); Larry Lammert, Dick Johnston, Duncan Hilburn (Berry Padgett & Chandler LLC); Alix Payne, Citizenry.
2. Consent Agenda: Councilman Helgesen made the motion to approve the consent agenda with all in favor (5-0).
3. First Reading and Set Public Hearing for: 3.1 Artificial Lighting Text Amendment. The village has worked very hard on the issue of wind energy leases along with the Bald Head Association over the last few months. Under the advice of the Village attorney it has become necessary to include the clarification to the purpose of the Villages regulation
of artificial lighting. It is critical to protect the dark night sky from the purposed wind turbines which are heavily lit. The current ordinance only addresses sea turtles. 3.2 Public Hearing for Contractor Services Property: Mr. Peck explains this is also an over sight that happened this fiscal year and discovered during the audit process. In an effort to correct the oversight prior to the next audit, the public hearing will be held in December. 3.3 Public Hearing Land Purchase for Battery 4 Lot: Mr. Peck explains this is in reference to the findings of the audit. It is a public hearing to correct the oversight of the land purchase. 3.4 Public Hearing for the WWTP: Mr. Peck reports this is a requirement by statute for the purpose of purchasing real property. Public Hearing will be set for the December meeting.
4. Old Business: 4.1 Brunswick County Hazard Mitigation Plan Interim Adoption: Mr. McCall explains this is in response to the necessary Brunswick County Hazard Mitigation Plan (HMP). The Village’s HMP will expire in January 2016 and the County/Regional HMP will not be ready. FEMA requires no lapse in coverage and approval of this resolution will meet the requirements to hold our HMP in place until Brunswick County is ready with the Regional Southeastern North Carolina Hazard Mitigation Plan. Staff recommendation is to approve the Resolution. The Resolution reads as follows: Resolution 2015-______ HAZARD MITIGATION PLAN WHEREAS, the Village of Bald Head Island is vulnerable to an array of natural hazards that can cause loss of life and damages to public and private property; and WHEREAS, the Village of Bald Head Island desires to seek ways to mitigate situations that may aggravate such circumstances; and WHEREAS, the development and implementation of a hazard mitigation plan can result in actions that reduce the long-term risk of life and property from natural hazards; and WHEREAS, it is the intent of the Village of Bald Head Island to protect its citizens and property from the effects of natural hazards by preparing and maintaining a local hazard mitigation plan; and WHEREAS, it is also the intent of the Village of Bald Head Island to fulfill its obligation under the North Carolina General Statutes, Chapter 166A: North Carolina Emergency
Management Act and Section 322: Mitigation, Planning of the Robert T. Stafford Disaster Relief and Emergency Assistance Act to remain eligible to receive state and federal assistance in the event of a declared disaster affecting the County; and WHEREAS, Brunswick County, in coordination with numerous other municipalities has prepared a multi-jurisdictional hazard mitigation plan with input from the appropriate local and state officials; and WHEREAS, the North Carolina Division of Emergency Management and the Federal Emergency Management Agency have reviewed the hazard mitigation plan prepared for Brunswick County for legislative compliance and has approved the plan pending the completion of local adoption procedures. NOW, THEREFORE, BE IT RESOLVED THAT THE VILLAGE COUNCIL FOR THE VILLAGE OF BALD HEAD ISLAND HEREBY: 1. Adopt the Brunswick County Multi-Jurisdictional Hazard Mitigation Plan effect November 20, 2015. 2. Agrees to take such other official action as may be reasonably necessary to carry out the proposed action of the Plan. Adopted this the 20th day of November, 2015.
Councilman Ridgeway made the motion to adopt the resolution with all in favor (5-0).
4.2 Bids for WWTP/Wells: Mr. Peck advised on November 12th the bid opening took place. The recommendation is to award the bid to TA Loving for $955K for the WWTP Re-Use project and to award the bid for the well installation for $120,250 to ARM. Mr. Peck also advised that an award for contract for construction cannot be given until a permit has been issued. The Village will issue a notice of award to hold bids until the permit is in hand. Councilman Helgesen made the motion to approve the bid award with all in favor (5-0). 4.3 Public Safety Building: Mr. Peck advised the committee met and narrowed down the applicants for the Construction Manager @ Risk from five (5) to three (3). Staff recommendation is to approve the contract to hire Clancy and Theys as the Construction Manager at Risk for the Public Safety Complex. Councilman Morris made the motion to hire Clancy and Theys with all in favor (5-0).
4.4 Reimbursement Resolution WWTP ReUse and Wells: Mr. Peck explained the reason for the Reimbursement Resolution is to allow the Village the ability to reimburse itself from General Funds monies spent from financing proceeds. The Resolution reads as follows: Resolution #2015 _______
A RESOLUTION OF THE VILLAGE OF BALD HEAD ISLAND DECLARING THE VILLAGE’S INTENT TO FILE AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT FOR THE WASTE WATER TREATMENT PLANT AND WELLS UPGRADE. WHEREAS, the Village of Bald Head Island wants and intends to upgrade the Waste Water Treatment Plant and Wells to better serve the citizens of the Village of Bald Head Island; and WHEREAS, the Village intends to finance the Project with the loan proceeds from an Installment Financing authorized under North Carolina Statue 160A, Article 3, Section 20 ; and WHEREAS, the proposed contract is necessary or expedient for the village to continue offering necessary services; and WHEREAS, the probable net revenues of the project to be financed will be sufficient to meet the sums to fall due under the proposed contract. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Village Manager is hereby authorized to act on behalf of the Village of Bald Head Island in filing an application with the North Carolina Local Government Commission for approval of the Project and the proposed financing contract and other actions not inconsistent with this resolution. This resolution is effective upon its adoption this 20th day of November, 2015. The motion to adopt this resolution was made by _________________________ Seconded by _____________________________ and passed a vote of ________ to ________.
This is to certify that this is a true and accurate copy of Resolution No.__________Adopted by the Village Council of Bald Head Island on the 20th day of November, 2015.
Councilman Douglas made the motion to adopt the Resolution with all in favor (5-0).
4.5 Budget Amendment: Virginia Cummings, Finance Officer, explained the Budget Amendment is to temporarily fund expenditures in connection with the WWTP and the well upgrades. Councilman Morris made the motion to accept the amendment with all in favor (5-0).
4.6 Declare Village’s Intent/ LGC Application WWTP: Ms. Cummings requested Council authorize the resolution allowing staff to make the application to the Local Government Commission for financing of the WWTP. Councilman Helgesen made the motion and Councilman Douglas seconding the motion to move forward with the application process with all in favor (5-0). Resolution #2015 _______
A RESOLUTION OF THE VILLAGE OF BALD HEAD ISLAND DECLARING THE VILLAGE’S INTENT TO FILE AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT FOR THE WASTE WATER TREATMENT PLANT AND WELLS UPGRADE. WHEREAS, the Village of Bald Head Island wants and intends to upgrade the Waste Water Treatment Plant and Wells to better serve the citizens of the Village of Bald Head Island; and WHEREAS, the Village intends to finance the Project with the loan proceeds from an Installment Financing authorized under North Carolina Statue 160A, Article 3, Section 20 ; and WHEREAS, the proposed contract is necessary or expedient for the village to continue offering necessary services; and WHEREAS, the probable net revenues of the project to be financed will be sufficient to meet the sums to fall due under the proposed contract.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Village Manager is hereby authorized to act on behalf of the Village of Bald Head Island in filing an application with the North Carolina Local Government Commission for approval of the Project and the proposed financing contract and other actions not inconsistent with this resolution. This resolution is effective upon its adoption this 20th day of November, 2015. The motion to adopt this resolution was made by _________________________ Seconded by _____________________________ and passed a vote of ________ to ________.
This is to certify that this is a true and accurate copy of Resolution No.__________Adopted by the Village Council of Bald Head Island on the 20th day of November, 2015.
5. New Business: 5.1 Financial Report: Ms. Cummings presented the financial report: General Fund: the overall revenues are higher than the same period last year. Beach Fund: $5.94M Facility Construction/Expansion: $44K Stormwater Management: $44K Infiltration Pond System: $12K Creek Access Grant Reimbursement: Reimbursement funds from the North Carolina Public Beach and Coastal Waterfront Access Program have been received. The Creek Access Expansion project is now completed.
5.2 FY 2014-15 Audit Presentation: Duncan Hilburn, with the firm of Berry, Padgett & Chandler, LLC presented the audit to the Council which is required annually by statute. The auditing period is from July 1, 2014 through June 30, 2015. Based on the audit, the Village is in very good
standing. There was issue with the purchase of Battery 4 Lot that took place during the 2014-15 fiscal year which was simply a procedural oversight. The purchase was made with public funds which require a public hearing in advance of the purchase. The purchase of the property was done in open session but the Village needs to correct the issue by holding a public hearing during the December meeting, with it properly posted ten (10) days in advance of that meeting. 5.3 Statement of Result of Special Election: Mr. Peck reports Council is required to notify and the Council to certify to the LGC of the result of the special election. There were a total of 227 voters registered and qualified to vote in this election with 81 for and 81 against the Broadband Bond Referendum. Councilman Morris made the motion to accept/certify the results of the special election with all in favor (5-0).
6. Managers Report: Wind Energy/BOEM: Mr. McCall in an effort to get the wind energy area moved to a minimum of twenty-four (24) nautical miles offshore has to date included letters to the Governor, the Secretary of the Department of Environmental Quality, BOEM officials and the Secretary of the Interior. Additionally a FOIA request has been made and our lobbyists are actively involved. Terminal Groin: Sits at 99% completion. The Contractor’s expected date of completion was November 8 however there was a shortage of materials that would be placed on the seaward end of the structure. Estimated date of completion is currently the first week of December. Flood Rate Maps: FEMA 90 day period is in place. The Village has been successful along with the help of the Association getting the word out to those affected. Jetty Extension Project: Mr. Peck reports Bald Head Island Limited, Yacht Club and Transportation have all paid their portion of the project. Project is complete. Building Inspections Stephen Boyett reported he currently has 20 houses under construction.
7. Comments Reports and Questions:
Bald Head Association: BHA Judy Porter has completed a two year reorganization of the guidelines and are currently posted on the website. She also thanked the Council for the consideration of the irrigation issue heard at the workshop session. Stage II No Representation BHI Limited: No Comment Conservancy: No representation Club: No Representation Citizen: No Comment Mayor and Council: Mayor reminded the next Council Meeting will be December 11th.
8. Adjournment: Councilman Douglas made the motion to adjourn at 3:10 pm with all in favor (5-0).
___________________ J. Andrew Sayre Mayor
_____________________ Daralyn Spivey Village Clerk
