Bald Head Association
Saturday, November 19, 2022
BHA Member Survey
Reminder: The deadline is Monday, November 21, 2022
Introduction
On July 14, 2022, BHI Limited (and its transportation subsidiaries) and SharpVue Capital, LLC (and its relevant subsidiaries) applied to the North Carolina Utilities Commission (NCUC) for permission to transfer the operating rights for the BHI Ferry and Tram System from BHI Limited to SharpVue. BHA has intervened in that action in order to advise the NCUC its views as to whether or not this transfer should be approved. To assist us, we want to know your views, comments and opinions on the proposed transfer.

Over the last five months, we have forwarded to you almost all of the relevant public information on this matter. We held an Information Session for you on July 27, 2022, on this issue. In addition, we have posted and/or provided links for all of this voluminous information on our website. Rather than trying to briefly summarize this information now, we refer you to our website under the “News” heading for all the documents and videos of the recorded gatherings.

We want your opinions. We want your comments and thoughts on this matter. Your opinions, comments and thoughts will help guide us in the actions we take on behalf
of BHA.

Legal framework for ruling upon proposed mergers and acquisitions
To assist in forming your opinions, you may find of interest a review of the legal standard for review of utility acquisitions in North Carolina:

Notwithstanding the authority of the Commission to regulate its services and rates,
and other matters incidental thereto, the property of the utility is private property and
the business is private business. Except as otherwise provided, expressly or by
reasonable implication, in G.S. Chapter 62, the utility is free to manage its property
and business as it sees fit and the Commission may not restrict, or control, the
discretion of the board of directors in the acquisition of property, or in the price paid
for it.

State ex rel. Utilities Commission v. Gen. Tel. Co. of S.E., 281 N.C. 318, 337, 189 S.E. 2d 705, 717 -18 (1972).

G.S.§ 62-111(a) provides that no franchise now existing ... shall be sold ... except after application to and written approval by the Commission, which approval shall be given if justified by the public convenience and necessity.

In applying this statutory merger approval standard, the Commission has concluded
that a proposed business combination is justified by the public convenience and
necessity where: (i) the transaction will have no adverse impact on North Carolina
retail ratepayers; (ii) the utility’s customers are protected as much as possible from
potential costs and risks resulting from the transaction; and (iii) there are sufficient
benefits from the proposed transaction to offset the potential costs and risks.

See , e.g., Order Approving Merger Subject to Regulatory Conditions and Code of Conduct (Duke/Piedmont Order) Docket Nos. E-2 Sub 1095, E-7, Sub 1100 and G-9, Sub 682 at p. 68 (Sept. 29, 2016).

The Public Staff of the NCUC
One of the services provided by North Carolina to protect the public (we are part of that public in this case) in proceedings before the NCUC is the NCUC Public Staff. The Public Staff is an independent agency created in 1977 by legislation in General Statute
62-15 to review, investigate and make appropriate recommendations to the North Carolina Utilities Commission with respect to various matters, including transfers of franchises, such as is under consideration for the BHI Ferry System.

They have a team of financial experts who are in the process of reviewing all the financial information of SharpVue and advising the NCUC on whether or not the Public Staff is of the opinion SharpVue has the financial strength and other attributes to meet the requirement of the statute. The President, Treasurer and Executive Director of BHA have met with the Public Staff and are comfortable this process is proceeding appropriately. We will continue to monitor the progress of the work of the Public Staff and will report to you later regarding the information we receive.

Your opinions are requested
We are aware of this legal standard, and we think it is useful for you to be aware of it also. We will continue to monitor this closely and keep you advised.

However, what we are asking you now is what do you want? What do you believe is in the best interests of Bald Head Island, and what do you believe is in your best interests? And then, tell us why you believe that way.

We are still receiving more information and documents to assist all of us in reviewing this matter. As we receive additional information, we will pass it on to you.

But, we need your opinions, comments and thoughts now to assist us in the actions we must take now. We have found your responses to similar surveys we have sent in the past very helpful to us.

Therefore, we ask you to answer four survey questions for us now, by clicking on the survey button below. PLEASE RESPOND TO THE SURVEY BY THE END OF DAY ON MONDAY, NOVEMBER 21, 2022.

Thank you,
Bald Head Association Board of Directors
Update on BHI Ferry/Transportation System Issues — Right of First Refusal (ROFR)

Recent communications between BHI Limited/BHI Transportation and the Village of BHI regarding Right of First Refusal (ROFR) are below.
BHA News
Operation Re-Forest — We Forest
Tree Pickup

For property owners who ordered trees for Operation Re-Forest — We Forest, they will be available for pickup at Public Safety on Wednesday, November 30, from 9:30am to 12:30pm. Thank you for helping add to Bald Head Island's tree canopy!

We need Tree Keepers! If you'd like to volunteer to help keep newly planted trees watered, email Barbara Giera at barbara.giera@gmail.com.
BHA's Wildlife Overlook
Temporarily Closed During Construction

While Duke Energy completes construction of its power grid improvement project at BHA's Wildlife Overlook, the area will be closed. We anticipate it will reopen daily at 5:00pm, but the area may close one evening during construction to apply sealant in preparation for the winter. Here is Duke Energy's tentative schedule (subject to weather and other impacts) for the project:
  • 11/17 grid switching to de-energize existing equipment
  • 11/28-11/29 rigging to remove existing switchgear
  • 11/30-12/1 pouring new concrete pad — three-day curing time
  • 12/5-12/6 installation of new switchgear
  • Week of 12/5 site restoration
  • Week of 12/12 cable testing for new switchgear
  • TBD energize new switchgear

This work is not expected to cause a power outage for customers. As always, if you do experience an outage at your home, please call the outage line at 1-800-419-6356.
Don't miss!
BHI Community Directory

Have you picked up your free copy of BHA's inaugural 2022 BHI Community Directory? Each BHA member property is entitled to one free copy of the directory, with additional copies available to purchase. Pickup of free member copies is only at the BHA office (111 Lighthouse Wynd) Monday-Friday, 9:00am-4:00pm, and anyone can purchase directory copies at the BHA office.

Copies of the directory are also available at Turtle Central (700 Federal Road) and Old Baldy (101 Lighthouse Wynd), with proceeds benefiting the respective organization. For questions, email Diane Mesaris at diane@baldheadassociation.com.
Keep updated!

Did you miss a previous Compass email bulletin? All archived Compass email bulletins can be found on BHA's website HERE.
Events
Old Baldy's Christmas Tree Auction

It’s that time! Stop by Old Baldy to pick up a tabletop Christmas Tree to decorate for this year’s Light Up the Holidays Tree Auction. This year’s auction will take place on Friday, November 26, and proceeds benefit the Old Baldy Foundation. Pick up trees at Old Baldy between 12:00pm and 4:00pm Tuesday through Saturday. Trees should be returned to Old Baldy by 4:00pm on Wednesday, November 24. Trees will be auctioned off at the BHI Club’s Winter Wonderland Celebration following the Golf Cart Holiday Parade.
Smith Island Art League Show & Sale
November 25-26, 2022

The Smith Island Art League will hold a member’s show and sale from 9:30am-4:00pm on Friday, November 25, and 10:00am-5:00pm on Saturday, November 26, at BHA's Association Center (111 Lighthouse Wynd, to the right of the Chapel.

The show is open to the public with free admission. The Art League members show a variety of styles and mediums such as ceramics, oil and watercolor paintings, cards, jewelry, fabric art, photography and more. For information contact Prudy Weaver 704-907-4287 or email pweaver2@carolina.rr.com Learn about the Art League and the artists at www.smithislandartleague.com.
Cookie Exchange
Monday, December 5, 4:00pm
BHA's Association Center

Join us for a Cookie Exchange! On Monday, December 5, at 4:00pm, BHA's Education and Recreation (ER) Committee will host a Cookie Exchange at BHA's Association Center (111 Lighthouse Wynd). Click on the poster for details.

RSVP with your choice of cookie by December 2 to Betsi Stephen at betsistephen@gmail.com.
Yoga Classes
Ongoing ~ Mondays and Wednesdays
11:45am-1:15pm

Yoga classes taught by Pam Moulin are held in BHA's Association Center (111 Lighthouse Wynd) on Mondays and Wednesdays, 11:45am-1:15pm.

Pam has 35 years of experience as a fitness instructor and 18 years of experience as a yoga instructor, and she's been teaching yoga on Bald Head Island for 12 years. All levels are welcome. Classes are $20, and participants must bring their own yoga mat. Pam requires that all participants show proof of vaccination against Covid-19. For all new participants, it's strongly suggested to email Pam beforehand (and let her know of any physical limitations) at pammoulin@ec.rr.com.
Village Chapel Women's Retreat
January 13-14, 2023

The Village Chapel of Bald Head Island is hosting a Women's Retreat on January 13-14, 2023. This gathering of women at the Village Chapel will include three sessions, with teaching by Christina Sachtleben, worship by cellist and vocalist Becca Bradley and a special time with island artist and songwriter Karen Mortimer. There will be desserts by Style by Tribe, swag bags and an afternoon activity.

Chapel seating is limited. Registration and further information can be found HERE.
Bald Head Association ~
YOUR property owners' association
BHA Quick Links:
Monthly BHA Board Meetings
BHA's Board of Directors invites property owners and others to view its monthly public meetings remotely via Zoom. Board meetings are typically held the second Friday of each month beginning at 11:00am EDT. Agendas, approved minutes of previous meetings and a link to the current monthly Zoom meeting can be found on the meeting information web page. Click on the link below to learn more.

The next regular BHA Board meeting public session will be Friday, December 9, 2022, at 11:00am.
It will be held in the Chandler Building in the BHI Harbour.
BHI Website Links
Copyright 2022. All rights reserved by Bald Head Association. Editorial material is intended to inform BHA property owner members and may not necessarily be an endorsement of a particular position or service. If you wish to be removed from this list, please click on the Unsubscribe" option at the bottom of this message. You will be removed immediately
Bald Head Association
111 Lighthouse Wynd
PO Box 3030
Bald Head Island, NC 28461
910-457-4676
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