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.