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2010-04-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,APRIL 6,2010 PAGE 785 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, April 6, 2010, at 6:15 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street,Wilmington,NC. Members present were: Chairman Jason R. Thompson; Vice-Chairman Jonathan Barfield, Jr., Commissioner Robert G. Greer, Commissioner William A. Caster, Commissioner Ted Davis, Jr., County Attorney Wanda M. Copley, Clerk to the Board Sheila.L. Schuh and County Manager Bruce T. Shell. Chairman Thompson called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Mike Ashcraft,Port City Community Church,gave the invocation. New Hanover County Smart Start Children led the audience in the Pledge of Allegiance to the Flag. INTRODUCTION OF NEWLY HIRED EMPLOYEES County Manager Bruce Shell introduced the following recently hired employees: • Dan Sykes, CEO of the New Hanover County Alcohol Beverage Control • Al Hight,Director of Cooperative Extension APPROVAL OF CONSENT AGENDA Chairman Thompson asked if any member of the Board would like to remove any item from the Consent Agenda. Hearing no comments, Chairman Thompson called for a motion to approve the items on the Consent Agenda as presented. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to approve the items on the Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on March 11,2010 Regular Session meeting held on March 15,2010 Budget Work Session meeting held on March 15,2010 Special Meeting held on March 24,2010 Approval of the New Hanover County Juvenile Crime Prevention Council Funding Recommendation for Fiscal Year 2010-2011—County Manager's Office The Commissioners approved the New Hanover County Juvenile Crime Prevention Council funding recommendation for Fiscal Year 2010-2011 allocating North Carolina Juvenile Crime Prevention Council funds in the amount of$424,221 as follows: Youth Empowerment Services in the amount of$378,721 Teen Court in the amount of$40,000 Juvenile Crime Prevention Council Administration in the amount of$5,500 Adoption of Resolution Moving the Next Countywide Revaluation Date from January 1, 2011 to January 1, 2012—Tax Department The Commissioners, pursuant to North Carolina General Statute 105-286, adopted the resolution moving the next countywide revaluation date from January 1, 2011 to January 1, 2012. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 8.1. Acceptance of New Hanover County and New Hanover County Fire District Tax Collection Reports — Tax Department The Commissioners accepted the following Tax Collection Reports as of February 28, 2010. New Hanover County Fire District New Hanover County Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXXIII,Page 8.2. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,APRIL 6,2010 PAGE 786 Adoption of Budget Ordinance Amendments—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2010: 10-193 - Social Services 10-194- Social Services 10-195 - Social Services 10-197-Library 10-202-Health 10-207—Health Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIII,Page 8.3. REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION RECOGNIZING APRIL 2010 AS NATIONAL COUNTY GOVERNMENT MONTH IN NEW HANOVER COUNTY Chairman Thompson presented the request for the Board's consideration to proclaim April 2010 as National County Government Month in New Hanover County. Commissioner Greer read the proclamation into the record and moved for adoption. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster, to adopt the proclamation recognizing April 2010 as National County Government Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 8.4. ADOPTION OF RESOLUTION DECLARING THE BOARD'S INTENTION TO USE PROCEEDS FROM THE ADDITIONAL ONE-FOURTH CENT SALES TAX TO FUND QUALITY OF LIFE SERVICES IF APPROVED BY THE VOTERS OF NEW HANOVER COUNTY Commissioner Davis presented the request for the Board's consideration to adopt the resolution declaring the Board's intention to use proceeds from the additional one-fourth cent sales tax,if approved by the voters of New Hanover County,to fund quality of life services. Commissioner Davis read the resolution into the record and moved for adoption. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Barfield,to adopt the resolution declaring the Board's intention to use proceeds from the additional one-fourth cent sales tax to fund quality of life services if approved by the voters of New Hanover County. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 8.5. ADOPTION OF PROCLAMATION DECLARING APRIL 11-17,2010 AS WEEK OF THE YOUNG CHILD IN NEW HANOVER COUNTY Chairman Thompson reported that the Board has been requested to proclaim April 11-17, 2010 as Week of the Young Child in New Hanover County. The theme for the week is"Early Years are Learning Years". Vice-Chairman Barfield read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Barfield MOVED, SECONDED by Chairman Thompson, to adopt the proclamation declaring April 11-17, 2010 as Week of the Young Child in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. New Hanover County Smart Start Executive Director Janet Nelson, accompanied by five children, was present to receive the proclamation. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 8.6. ADOPTION OF PROCLAMATION RECOGNIZING APRIL 2010 AS SEXUAL ASSAULT AWARENESS MONTH IN NEW HANOVER COUNTY Chairman Thompson presented the request for the Board's consideration to proclaim April 2010 as Sexual Assault Awareness Month in New Hanover County. Chairman Thompson read the proclamation into the record and moved for adoption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,APRIL 6,2010 PAGE 787 Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to adopt the proclamation recognizing April 2010 as Sexual Assault Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. CEO of Coastal Horizons Center Margaret Weller-Stargell and Julie Ozier, Rape Crisis Center Supervisor with Coastal Horizons Center, Inc.,were present to receive the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 8.7. ADOPTION OF PROCLAMATIONS RECOGNIZING APRIL 17 - MAY 1, 2010 AS SPRING LITTER SWEEP TIME IN NEW HANOVER COUNTY AND APRIL 2010 AS GREAT AMERICAN CLEANUP MONTH IN NEW HANOVER COUNTY Chairman Thompson presented the request for the Board's consideration to proclaim April 17 — May 1, 2010 as Spring Litter Sweep in New Hanover County and April 2010 as Great American Cleanup Month in New Hanover County. Commissioner Caster read the Spring Litter Sweep proclamation into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to adopt the proclamation recognizing April 17 — May 1, 2010 as Spring Litter Sweep Time in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Caster read the Great American Cleanup Month proclamation into the record and moved for adoption. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to adopt the proclamation recognizing April 2010 as Great American Cleanup Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Keep America Beautiful Coordinator Jennifer O'Keefe was present to receive the proclamations. Copies of the proclamations are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIII,Page 8.8. ADOPTION OF PROCLAMATION RECOGNIZING APRIL 11-17, 2010 AS NATIONAL TELECOMMUNICATORS WEEK IN NEW HANOVER COUNTY AND PRESENTATION OF MARY ANTLEY TELECOMMUNICATOR OF THE YEAR AWARD Commissioner Davis presented the request for the Board's consideration to proclaim April 11-17, 2010 as National Telecommunicators Week in New Hanover County and presented the Mary Antley Telecommunicator of the Year Award for 2009 to Public Safety Communication Center Assistant Supervisor Pam Graham and Telecommunicator I Roscoe Harris. Commissioner Davis read the proclamation into the record and moved for adoption. Motion: Commissioner Davis MOVED, SECONDED by Chairman Thompson, to adopt the proclamation recognizing April 11-17, 2010 as National Telecommunicators Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Ms. Graham was present to receive her award;Mr.Harris was not in attendance. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 8.9. ADOPTION OF RESOLUTION REQUESTING REALLOCATION OF RECOVERY ZONE ECONOMIC DEVELOPMENT BOND ALLOCATION FOR CAPE FEAR COMMUNITY COLLEGE Finance Director Avril Pinder presented the request for the Board's consideration to adopt the resolution requesting reallocation of recovery zone economic development bond allocation for Cape Fear Community College. The resolution is requesting to use $30,000,000 in Recovery Zone Economic Development Bonds to assist in financing the construction of Union Station. Union Station will be a 190,000 square foot multi-story building along with an attached parking deck that will hold 1,000 - 1,200 cars. The total cost of the Union Station Project is estimated at$87,741,000,the remainder of which will be financed through General Obligation Bonds. The County has authorized, but unissued General Obligation Cape Fear Community College Bonds in the amount of $164,000,000 for construction and renovation of various buildings. The Board, at their January 4, 2010 meeting, unanimously voted to designate the County as a Recovery Zone allowing staff to apply for Recovery Zone Economic Development Bonds to be used for governmental purposes that promote economic development or activity. Chairman Thompson requested direction from the Board. Commissioner Davis provided an overview of the Cape Fear Community College Union Station project NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,APRIL 6,2010 PAGE 788 advocating for the use of the Recovery Zone Economic Development Bonds. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the resolution reallocating Recovery Zone Economic Development Bond Allocation for Cape Fear Community College in the amount of$30,000,000 as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 8.10. ADOPTION OF RESOLUTION AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT PURCHASE CONTRACT TO REFINANCE A PORTION OF THE COSTS RELATED TO CERTAIN CAPITAL PROJECTS, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS Chairman Thompson reported that the County previously entered into several installment financing contracts to finance various capital projects. Staff has determined that it is in the best interest of the County to enter into an installment purchase contract with the New Hanover County Financing Corporation, in order to refinance a portion of the capital costs of the Projects and a deed of trust and security agreement related to the County's fee simple interest in the real property on which the Judicial Facility and the County Government Center are located. The refinancing of these Projects is essential to the County's proper, efficient, and economic operation and to the general health and welfare of its inhabitants. The Projects permit the County to carry out public functions that it is authorized by law to perform. The Contract allows the County to refinance the Projects at favorable interest rates on terms advantageous to the County. The estimated cost of the refinancing of a portion of the costs of the Projects is approximately $50,000,000 (including financing costs). Such cost exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non-voted bonds that could be issued by the County in the current fiscal year. The County does not anticipate future property tax increases solely to pay installment payments falling due under the Contract in any fiscal year during the term of the Contract. Chairman Thompson requested a motion to authorize, direct, and designate the County Manager, the Finance Director, the County Attorney, and the Clerk to the Board to do any and all things necessary to effectuate the refinancing of the Projects in an amount not to exceed$50,000,000. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson,to adopt the resolution authorizing the negotiation of an installment purchase contract to refinance a portion of the costs related to certain capital projects, directing the publication of notice with respect thereto and providing for certain other related matters. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 8.11. PUBLIC HEARING AND APPROVAL OF REQUEST BY CROSSWINDS HOMEOWNERS ASSOCIATION TO CORRECT THE SPELLING OF SEABOUY CIRCLE TO SEABUOY CIRCLE LOCATED NEAR THE 4800 BLOCK OF MASONBORO LOOP ROAD(SN-110,2/10) Chairman Thompson opened the Public Hearing and requested staff to make the presentation. Subdivision Review Planner Sam Burgess reported that Phil Triece, on behalf of the Crosswinds Homeowners Association, is requesting to correct the spelling of Seabouy Circle to Seabuoy Circle located near the 4800 block of Masonboro Loop Road. The subject road is improved and NCDOT State maintained. Seabouy Circle has a road length of 210 feet and contains eight lots. Seven of the eight lot owners on Seabouy Circle signed the petition. Staff recommends approval of the petitioner's request to correct the spelling to Seabuoy Circle. If the correct spelling is approved, a recorded order would be forwarded to NCDOT for their records. The Crosswinds Homeowners Association will be responsible for erecting a new street sign. Chairman Thompson asked if anyone from the public wished to speak in favor of or opposition to the request. Hearing no comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the request to correct the spelling of Seabouy Circle to Seabuoy Circle located near the 4800 block of Masonboro Loop Road as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 8.12. PUBLIC HEARING AND APPROVAL OF REQUEST BY STAFF TO NAME A PRIVATE ACCESS EASEMENT TO MCGIRT PLACE AND ASSIGN NEW STREET NUMBERS (SN-111,3110) Chairman Thompson opened the Public Hearing and requested staff to make the presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,APRIL 6,2010 PAGE 789 Subdivision Review Planner Sam Burgess reported that staff, at the request of the McGirt family, is requesting approval to name a private access easement to McGirt Place and adjust the addresses to seven residential homes along the road. The road is located approximately 500 feet southwest of the Archmil Way/Carolina Beach Road intersection and is approximately 1,300 feet in length and unimproved. In 1986, all seven residential homes along the 30-foot access easement were assigned Carolina Beach Road mailing addresses. At that time most of the land nearby was undeveloped. Staff has worked closely with the McGirt family and Emergency 911 to resolve the concern for timely emergency service delivery. Emergency 911 has approved McGirt Place as an unduplicated street name. Chairman Thompson asked if anyone from the public wished to speak in favor of or opposition to the request. Gail McGirt addressed the Board requesting the street name be changed to resolve the concern for timely emergency services. Rob Williams stated that he was representing Connie Burns who is in favor of the request to change the addresses of the seven homes to McGirt Place. Hearing no further comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Greer, to approve the request to name a private access easement to McGirt Place and adjust the addresses to seven residential homes along the road as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book VIII,Page 8.13. PUBLIC HEARING AND APPROVAL OF REQUEST BY UNCW TO MODIFY THE SPECIAL USE PERMIT SITE PLAN BY RELOCATING A 68,000 SQUARE FOOT LABORATORY BUILDING AND REDESIGNING PARKING LOTS LOCATED AT 5600 MARVIN K MOSS LANE IN AN R-15 RESIDENTIAL ZONING DISTRICT(5-329M,3110) Chairman Thompson opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing, therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Jane Daughtridge Chris O'Keefe David Girardot Lee Weddle Planning and Zoning Manager Jane Daughtridge presented the request by UNCW to modify an existing Special Use Permit to relocate a 68,000 square foot laboratory building and redesign parking lots located at 5600 Marvin K.Moss Lane in an R-15 Residential Zoning District and presented a slide overview of the request. The Center for Marine Science was originally granted a special use permit in 1991. The facility has grown over the years and the permit has been modified with major and minor modifications over that time. The most recent major modification was approved in July 2007. That change added additional land to the site and proposed two new facilities: an oyster hatchery facility and a marine biology laboratory. Since that approval, the oyster hatchery was redesigned in such a way that the marine biology facility could no longer comply with the approved site plan. The University decided to relocate the laboratory to the northern portion of the property in closer proximity to the existing educational facilities. This proposed modification is presented for your consideration. Planning and Inspections Director Chris O'Keefe read the findings of facts into the record and reported that at its March 4, 2010 meeting, the Planning Board voted 6-0 to recommend approval of the modification based on positive findings of fact. No one from the public spoke on this item. After the Planning Board meeting, a representative of the adjacent property owner, Lutheran Services for the Aging, expressed concern that they would like to be reassured that the required 25 foot buffer will be installed and maintained, particularly with evergreen trees, along the length of the common property line in order to protect the property from impacts of light, noise and close proximity to a large building. If that assurance can be made, the indication was that there would be no objection to the proposal. It is the understanding of staff that an agreement was reached between the petitioner and the neighbor to assure an enhanced buffer. Staff also supports the request with the following condition relating to the buffer agreement reached between the parties on the north side of the property so that it will be enforceable as follows: In addition to the standard buffer requirement for visual opacity to a height of at least six feet, the buffer yard along the northern project boundary shall be supplemented with Leyland Cypress, or comparable evergreen tree,to provide intermittent visual obstructions from the opaque portion to a height of at least twenty feet, within three years of planting. To provide a variety of height and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,APRIL 6,2010 PAGE 790 depth, at least one tree on average will be planted for every thirty linear feet of screen. Spacing of trees should be varied from straight lines and equidistant spacing where practical. Clustering and/or random spacing of plants and trees is encouraged to produce a natural appearance in the landscape to the extent that the planting meets the screening and opacity intent of this section. Trees should be placed and spaced to provide visual aesthetic appeal; to accommodate specific growth habits of species used; to incorporate existing trees into the screen, and clustered where appropriate to provide the maximum visual buffering protection to the proposed two-story building. The Sheriff's office conducted a noise reading on April 1, 2010 and has confirmed that the readings are not in violation of the County's noise ordinance and there have not been noise complaints for several years. Chairman Thompson asked if anyone from the public wished to speak in favor of the request. David Girardot, UNCW, presented the request stating that the request to move the building will result in cost savings and allow more money to be put into the building. In response to Board questions, Mr. Girardot clarified that from the current Special Use Permit, the building was not moved,but changed from a two-story building to one-story building which increased the footprint of the building. Chairman Thompson asked if anyone from the public wished to speak in opposition to the request. Lee Weddle, on behalf of Lutheran Services for the Aging, stated that they are in support of the request with the condition that was presented concerning the buffer. In response to Board questions, Mr. Girardot stated that UNCW is in agreement with the condition and the findings of facts as presented. The Board held a brief discussion concerning the difficulty of enforcing the additional buffer condition. In response to Board questions,both Mr. Griardot and Mr. Weddle confirmed that they are willing to work together on the buffer issue. Hearing no further comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to approve the request by UNCW to modify an existing Special Use Permit to relocate a 68,000 square foot laboratory building and redesign parking lots located at 5600 Marvin K. Moss Lane in an R-15 Residential Zoning District based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2)the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4)the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County with the following conditions: 1) In addition to the standard buffer requirement for visual opacity to a height of at least six feet, the buffer yard along the northern project boundary shall be supplemented with Leyland Cypress, or comparable evergreen tree,to provide intermittent visual obstructions from the opaque portion to a height of at least twenty feet, within three years of planting. To provide a variety of height and depth, at least one tree on average will be planted for every thirty linear feet of screen. Spacing of trees should be varied from straight lines and equidistant spacing where practical. Clustering and/or random spacing of plants and trees is encouraged to produce a natural appearance in the landscape to the extent that the planting meets the screening and opacity intent of this section. Trees should be placed and spaced to provide visual aesthetic appeal; to accommodate specific growth habits of species used;to incorporate existing trees into the screen;and clustered where appropriate to provide the maximum visual buffering protection to the proposed two-story building; and 2) Conditions 1-4 from the March 2001 revised permit and Conditions 5-9 from the September 2003 revised permit are removed as they have been satisfied, are obsolete, or are already included in the County Ordinance. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the order approving the Special Use Permit and listing the findings of facts is contained in SUP Book IV,Page 32.1. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY AVENEL BOATING FACILITY ASSOCIATION TO SERVE THE AVENEL SUBDIVISION LOCATED AT 1532 PORTSMOUTH PLACE IN AN R-20 RESIDENTIAL ZONING DISTRICT(S-600,3/10) Chairman Thompson opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Jane Daughtridge NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,APRIL 6,2010 PAGE 791 Chris O'Keefe Robb Mairs Charlie Vaughan Adam Toppercer Planning and Zoning Manager Jane Daughtridge presented the request by Avenel Boating Facility Association for a Special Use Permit to expand a community boating facility serving the Avenel Subdivision at 1532 Portsmouth Place in an R-20 Residential District and presented a slide overview of the request. The Avenel Subdivision originated in 1990 with sixty-six lots including a water access lot. In 1998, the water access lot was developed with a 28-slip boating facility just prior to the adoption of a zoning change that made community boating facilities special uses. The facility is now proposing to change the site plan for the facility by extending the dock about 70 feet northward and installing boat lifts to serve the 28 slips. Dredging is also proposed. In light of the expansion of the facility, a special use permit is required to bring the entire facility into conformance with the current standards. Planning and Inspections Director Chris O'Keefe read the findings of facts into the record and reported that at its March 4, 2010 meeting, the Planning Board voted 5-0 to recommend approval of the special use permit based on positive findings of fact. No one from the public spoke on this item. Chairman Thompson asked if anyone from the public wished to speak in favor of the request. Robb Mairs, on behalf of Avenel Boating Facility Association,presented an overview of the request stating that if approved they will move forward with obtaining the required CAMA permits. Chairman Thompson asked if anyone from the public wished to speak in opposition to the request. There being no comments, Chairman Thompson closed the Public Hearing and requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Barfield, to approve the request by Avenel Boating Facility Association for a Special Use Permit to expand a community boating facility serving the Avenel Subdivision at 1532 Portsmouth Place in an R-20 Residential District based on the evidence presented and the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4)the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order approving the Special Use Permit and listing the findings of facts is contained in SUP Book IV,Page 32.2. PUBLIC HEARING AND APPROVAL OF AMENDMENTS TO SECTION 53.6 OF THE ZONING ORDINANCE RELATING TO THE EXCEPTIONAL DESIGN ZONING DISTRICT(A-384 2/10) Vice-Chairman Barfield opened the Public Hearing and requested staff to make the presentation. Senior Planner Shawn Ralston presented the request to amend Section 53.6 of the Zoning Ordinance relating to the Exceptional Design Zoning District highlighting that the amendments address the following items: • Public meeting requirements • Open space • Building height • Building setbacks • Buffers • Smart location—connectivity • Pet waste stations • Affordable housing Staff feels that the revised proposal represents reasonable clarifications that serve the overall public interest without undermining the spirit and intent of Exceptional Design Zoning District. Vice-Chairman Barfield asked if anyone from the public wished to speak in favor of or opposition to the request. Hearing no comments,Vice-Chairman Barfield closed the Public Hearing and requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson,to approve amending Section 53.6 of the Zoning Ordinance relating to the Exceptional Design Zoning District as presented finding that the request is NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,APRIL 6,2010 PAGE 792 1) consistent with the purposes and intent of the policies 3.9 and 3.12 adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to make clarifications and refinements to the standards adopted for the Exceptional Design Zoning District. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book VIII,Page 8.14. NON-AGENDA ITEMS Chairman Thompson announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. Paul Czesak addressed the Board voicing his opposition to economic incentives due to the loss of tax revenues and his opposition of any property tax rate increase or sales tax increase. He requested a bond referendum for a sales tax decrease. Bishop Edward Williams, Public Access Coalition, voiced his concern that Time Warner Cable was removing public access channel 4 and requested the County require Time Warner Cable to keep providing the channel as a free public access channel. Linda Pearce, Elderhaus, Inc., voiced her concern that Elderhaus program funding from the County stands to be cut or eliminated stating that they are in support of the one quarter-cent sales tax bond referendum. She requested continued County support of Elderhaus. Jennifer M. Caslin, Food Bank of Central and Eastern North Carolina, voiced her concern on the growing problem of hunger in the community stating that they are in support of the one quarter-cent sales tax referendum. Tom Hauser, Global River Church, voiced his concern that the New Hanover County franchise agreement with Time Warner Cable is not being fulfilled since the community access channel has been discontinued. He requested the Board require Time Warner Cable fulfill the franchise agreement. Harold Seagle, Attorney representing Time Warner Cable, stated that Time Warner Cable (TWC)is not in breach of the franchise agreement with the County. For the past eight years, TWC has provided the access channel at their own expense which amounts to approximately $400,000 out of pocket for equipment and space. The provision of the channel is a requirement of the franchise agreement. He stated that TWC will assist the ministries in any way that they can. In response to Board questions, County Attorney Wanda Copley and Attorney Seagle confirmed that the County's franchise agreement with Time Warner Cable is being fulfilled. ADDITIONAL AGENDA ITEMS CONTINUED DISCUSSION ON TIME WARNER CABLE'S PUBLIC ACCESS CHANNEL 4 In response to continued Board questions, Time Warner Cable Attorney Harold Seagle and Senior Director, Government Relations Buck Yarborough presented the following information: • The franchise agreement with the County requires a channel, a band width where programming can be placed as is the current Channel 4. They are not required to provide anything beyond that. Anything beyond that is the requirement of the end user. • TWC is meeting all the requirements of the contract. • Another option for the ministries, at a minimal cost, is On-Demand television. This service does require the use of a digital box at an additional$7 per month added to the basic monthly service. • Every TWC franchise agreement is different and no other franchise agreement is identical to New Hanover County's. • The change was initiated by the assessment of business costs and efficiency. • There are no specific plans for Channel 4 that can be relayed at this time. The County can be a part of the decision making process, if they wish. Chairman Thompson stated that he would meet with the Time Warner Cable representatives in the near future in an attempt to clarify the issues raised. BOARD DISCUSSION ON SELLING OF AIRLIE GARDENS Commissioner Davis stated that in response to public comments he has received he would like to clarify that he is not in favor of selling Airlie Gardens to solve the present budget crisis. He welcomed comments from the other Commissioners. Vice-Chairman Barfield stated that in his opinion all un-mandated programs are up for grabs because the County needs to have the resources to fund the mandated programs as well as the quality of life programs. He encouraged the public to become educated on the quarter-of-a penny sales tax referendum. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,APRIL 6,2010 PAGE 793 Chairman Thompson stated that as with other quality of life programs,Airlie Gardens is on the table unless the Commissioners decide to fund the budget deficit with a property tax rate increase or budget cuts. The County is funding Airlie Gardens annually in the amount of$900,000. Commissioner Caster stated that he is not in favor of selling Airlie Gardens. Commissioner Greer stated that he is not in favor of selling Airlie Gardens either but the citizens need to realize that they cannot have things both ways;you have either to raise the property tax rate or cut programs. ADJOURNMENT There being no further business, Chairman Thompson adjourned the meeting at 9:06 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries.