Agenda 2010 03-24 Special MeetingAGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS SPECIAL
MEETING
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
JASON R. THOMPSON, CHAIRMAN ~ JONATHAN BARFIELD, JR., VICE-CHAIRMAN
ROBERT G. GREER, COMMISSIONER ~ WILLIAM A. CASTER, COMMISSIONER ~ TED DAMS, JR., COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
MARCH 24, 2010 9:00 A.M.
MEETING CALLED TO ORDER (Robert G. Greer)
REGULAR AGENDA ITEMS OF BUSINESS
9:00 a.m. 1. Consideration of Formal Action to Correct the Date in the Resolution
Establishing a Public Hearing for the Consideratin of a Temporary Moratorium
on Cyber-Sweepstakes Gaming within Unincorporated New Hanover County
9:05 a.m. 2. Public Hearing Consideration of Ordinance Establishing aSixty-Day
Moratorium on Expansion of Cyber-Sweepstakes Gaming Within Unincorporated New Hanover County
9:30 a.m. 3. 2010-2011 Budget work Session
10:45 a.m. 4. Beach Renourishment Discussion
ADDITIONAL AGENDA ITEMS OF BUSINESS
11:00 a.m. 5. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 24, 2010
REGULAR
ITEM: 1
DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, Assistant County Manager;Chris
O'Keefe, Planning & Inspections Director; Sharon Huffman, Assistant
County Attorney; Jane Daughtridge, Planning & Zoning Manager
CONTACT(S): Chris Coudriet, Assistant County Manager;Chris O'Keefe, Planning & Inspections Director;
Sharon Huffman, Assistant County Attorney; Jane Daughtridge, Planning & Zoning Manager
SUBJECT:
Consideration of Formal Action to Correct the Date in the Resolution Establishing a Public Hearing
for the Consideratin of a Temporary Moratorium on Cyber-Sweepstakes Gaming Within
Unincorporated New Hanover County
BRIEF SUMMARY:
At the March 15, 2010 regular meeting, County staff requested the Board call for a temporary cyber-
sweepstakes moratorium. The staff presentation suggested an April 6, 2010 public hearing; however, the Board reached consensus for an earlier date and directed staff to advertise for a March 24, 2010 public
hearing.
In that agenda materials referenced the staff proposal of April 6, staff is requesting modification to the
resolution calling for the public hearing. For the record and the Board's consideration, a resolution that modifies the date to March 24, 2010 is attached.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution with technical correction of March 24, 2010 "Establishing a Public Hearing for the Consideration of a Temporary Moratorium on Cyber-Sweepstakes Gaming within Unincorporated New
Hanover County."
ATTACHMENTS:
Resolution
Revised Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Adopt the resolution.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
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G~~~TY } o~ NEW HAN~VER COUNTY BARD ~E C~MMISSI~NERS
~ ~ ~3~ GQVERNMENT CENTER DRIVE. SUITE ~ 7~ ~ VVlLM1NGTQN, NC 2S4Q3 d ~ (91D~ 7987144 ~ (9~0~ 798-7'145 FAX •VII'~IIW.NHCGOV.CQM
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~ Jason R. Thompson, Chairman ~ Jonathan Garfield, Jr., Vice-Chairman Robert G. Greer, Commissioner ~ William A. Caster, Commissioner ~ Ted Davis, Jr., Commissioner
`~rADList~~°~~ Sheila l_. 5chult, Cleric to the Board
exhibit ~r~
Book ~a e 9
?~'EV4+ HANC~VER CC~tTNTY BGARD OF C~MMIS5IG1~rERS
RESC~I~VTICEN
ESTABLISHING A PUBLIC HEARING F(]R THE
C'C?NSIDER.ATI(~N CAF A TEMPORARY' MQRATORII.TM a~~ CYBER~SWEEPSTA]KES
C A1~II?~TG W1TH~N t~NINCORP[~RATED NEW HANC~'~lER C'OUNT'
'4~'HEREAS, North C`aralina General Statute 153A -Article 1 ~ authorises cniinties to institute temporary
nlarataria an astir county developi~aent approval required by law; and
~~4'HEREAS, North Carolina General Statute 153A -Article 18 requires the conduct oJ~ a public hearing
in association ~~~ith the institution of any temporary development moratoria prior to i~~~plemeiltation; and
~'HEREAS, Ne~~ Hanover C'orlnty sees the potential for proliferation of cyber-sweepstakes gaming
throughout the county; and
ti'~'HEREAS, the New Hanover County Board of Commissioners Wishes to review both the cul~~patibility
oi~ these land uses With the County's planning documents as Well as the effects that tl~e use i~~ay have all
the surrounding land uses and area traffic patterns before permitting any additional such LiSes to locate
~~~ithii~ the eornmunity.
N[~'4~T, TIIFREF[~RE, BE IT RESOLVED, that the New Hanover Count}~~ Board of Commissioners
hereby establishes a public hearing far the consideration of the adoptinn of a temporary development
moratorium on cyber-sweepstakes gaming Within unincorporated New llanover County, Bald hearing to
be held on Tuesday, April 6, 2010 at G,30 p.n~., ar as soon thereafter as possible, in the New Hanavei-
County Historic Courthouse located at 24 North Third Street, roolYa 301, Wilmington, NC 28401.
ADAPTED this the 1st'' day of March, 2010.
N.1W HANaVE~. CC~~..1NTY
• }
~ ~ m son Chaix-man
~ ~ Iason . Tho p , o ~ ~
a r
TTEST:
~ ~
Sher a L. Schutt, C'lcrk to the Board
Board of Commissioners Special Meeting 03/24/2010
1-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
ESTABLISHING A PUBLIC HEARING FOR THE CONSIDERATION OF A
TEMPORARY MORATORIUM ON CYBER-SWEEPSTAKES GAMING WITHIN
UNINCORPORATED NEW HANOVER COUNTY
WHEREAS, North Carolina General Statute 153A -Article 18 authorizes counties to institute
temporary moratoria on any county development approval required by law; and
WHEREAS, North Carolina General Statute 153A -Article 18 requires the conduct of a public
hearing in association with the institution of any temporary development moratoria prior to implementation; and
WHEREAS, New Hanover County sees the potential for proliferation of cyber-sweepstakes
gaming throughout the county; and
WHEREAS, the New Hanover County Board of Commissioners wishes to review both the
compatibility of these land uses with the County's planning documents as well as the effects that the
use may have on the surrounding land uses and area traffic patterns before permitting any additional
such uses to locate within the community.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners hereby establishes a public hearing for the consideration of the adoption of a
temporary development moratorium on cyber-sweepstakes gaming within unincorporated New
Hanover County, said hearing to be held on Wednesday, March 24, 2010 at 9:00 a.m., or as soon
thereafter as possible, in the New Hanover County Historic Courthouse located at 24 North Third
Street, room 3 01, Wilmington, NC 28401.
ADOPTED this the 24th day of March, 2010.
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Teresa P. Elmore, Deputy Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 24, 2010
REGULAR
ITEM: 2
DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, Assistant County Manager;Chris
O'Keefe, Planning & Inspections Director; Sharon Huffman, Assistant County Attorney; Jane Daughtridge, Planning & Zoning Manager
CONTACT(S): Chris Coudriet, Assistant County Manager;Chris O'Keefe, Planning & Inspections Director; Sharon Huffman, Assistant County Attorney; Jane Daughtridge, Planning & Zoning Manager
SUBJECT:
Public Hearing
Consideration of Ordinance Establishing aSixty-Day Moratorium on Expansion of Cyber-
Sweepstakes Gaming Within Unincorporated New Hanover County
BRIEF SUMMARY:
At its March 15, 2010 regular meeting, the Board adopted a resolution "establishing a public hearing for the
consideration of a temporary moratorium on cyber-sweepstakes gaming within unincorporated New Hanover
County." By consensus, the Board set the public hearing for March 24, 2010 and directed County staff to advertise as such.
For purposes of the public hearing, County staff will offer a short presentation that summaries the proposed
60-day moratorium ordinance, sets forth the historical and expected timeline for finalizing the regulatory
ordinance, and identifies potential issues the County may face during and as a result of the moratorium.
Attached for your review is a copy of the proposed 60-day ordinance establishing a temporary moratorium
on cyber-sweepstakes within unincorporated New Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
1. Hear staff presentation.
2. Hold public hearing.
3. Adopt Ordinance Establishing aSixty-Day Moratorium on Expansion of Cyber-Sweepstakes Gaming Within Unincorporated New Hanover County.
ATTACHMENTS:
Ordinance
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation, conduct public hearing and consider the ordinance.
COMMISSIONERS' ACTIONS:
Heard presentation, conducted public hearing and adopted the ordinance 4-1, Commissioner Greer dissenting.
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Ordinance Establishing a Sixty Day Moratorium on Expansion of
Cyber-Sweepstakes Gaming Within Unincorporated New Hanover County
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, New Hanover County (hereafter "the County") is a political subdivision of the State
of North Carolina, invested with the powers enumerated in Chapter 153A of the North Carolina
General Statutes; and
WHEREAS, the County is authorized by North Carolina General Statutes Chapter 153A, Article
18 to plan and regulate development and the uses of buildings, structures and land within its
planning jurisdiction and pursuant to North Carolina General Statues Chapter 153A-340(h), the
County is authorized, under certain circumstances, to impose a development moratorium; and
WHEREAS, pursuant to North Carolina General Statutes 153A Article 6, the County is given
authority to regulate, prohibit or abate acts, omissions, or conditions detrimental to the health,
safety orwelfare of its citizens and the peace and dignity of the County; and
WHEREAS, an "internet cafe," "cybercafe," "cyber-sweepstakes gaming operation," or similar
activity, by whatever name it might be known, (hereinafter "cyber-sweepstakes") is a place
where a patron can use a computer with internet access, usually for a fee based on time of
usage, to participate in games of chance or sweepstakes; and
WHEREAS, these activities can be associated with other permitted uses within the same
building orstructure; and
WHEREAS, acyber-sweepstakes is not specifically listed as a permitted use in the County's
ZoningOrdinance noris it naturallyincident oraccessoryto anyotherpermitted use; and
WHEREAS, persons wishing tooperate acyber-sweepstakes within the County have been being
allowed to operate as an "indoor recreation establishment";and
WHEREAS, uses are permitted by-right in the PD Planned Development District; 6-1 Business
District; B-2 Business District; I-1 Industrial District; I-2 Industrial District and SC Shopping
Center zoning districts and as special use permit in the R-20S Residential District; R-20
Residential District, R-15 Residential District; R-10 Residential District, 0&I Office and
Institutional District; AR Airport Residential District; AI Airport Industrial District and RA Rural
Agricultural zoning districts; and
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WHEREAS, at least 11 cyber-sweepstakes have opened and are in operation throughout the
unincorporated County; and
WHEREAS, the conduct of these businesses revealed characteristics to suggest that such uses
may materially endanger the public health, safety or welfare of the citizens of New Hanover
County and surrounding areas, while substantially injuring the value of adjoining or abutting
property, and/or not be in harmony with the area in which it is located by virtue of the
following:
The businesses are operating twenty-four (24) hours a day, generating vehicular and
pedestrian traffic, light and noise disturbing adjoining residential areas at all hours, which was
not anticipated in the County's "indoor recreation establishment" use category.
The rapid proliferation of cyber-sweepstakes throughout the County within the past few
months has raised concern regarding the appropriate locations for these uses.
The state legislature is considering passing a bill to help regulate cyber-sweepstakes in
light of a recent Court ruling that they were not prohibited as gambling since nothing of value is
placed in the computer terminal.
The County needs to consider how cyber-sweepstakes should be classified on the current
New Hanover County Zoning Ordinance and what protections should be associated with these
activities including but not limited to spacing requirements, parking requirements, regulations
relating to hours of operation, advertising and marketing regulations, potential of such activities
to be injurious to the health, safety and welfare of the citizens of New Hanover County and the
surrounding area, and other matters related to the regulation of similar uses.
WHEREAS, the County would like the opportunity to amend the Zoning Ordinance to address
these issues before additional cyber-sweepstakes begin operation or the current ones expand;
and
WHEREAS, the amendment to the Zoning Ordinance has certain statutory time and advertising
requirements making a temporary moratorium the only option for halting further proliferation
of cyber-sweepstakes within the County in the interim; and
WHEREAS, the proposed moratorium would expire after sixty (60) days, or upon adoption of an
ordinance addressing cyber-sweepstakes, whichever occurs first; and
WHEREAS, the schedule, or plan of action, to address the aforementioned issues is as follows:
March 21, 2010
Publication of legal ad for a public hearing with the Planning Board to amend the Zoning
Ordinance;
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April 1, 2010
Present proposed ordinance to the Planning Board as required bylaw; the Planning Board shall
make a recommendation on the subject to the County Commissioners;
April 18, 2010
First publication of legal ad for a public hearing with the County Commissioners to amend the
Zoning Ordinance as required bylaw;
May 3, 2010
Present proposed ordinance and recommendation of the Planning Board to County
Commissioners for adoption;
May 23, 2010
Expiration of moratorium (if not upon earlier adoption of ordinance).
THEREFORE, BE IT ORDAINED:
THAT a sixty X60) day moratorium is adopted immediately on the establishment, creation,
opening or expansion of acyber-sweepstakes, or similar activity, whether independent or
incidentalto or accessoryto anyother permitted use;
THAT this moratorium applies to all pending applications for permits to open cyber-
sweepstakesbusiness;
THAT those activities or businesses that have been properly permitted and licensed by the
County may continue to operate as permitted;
THAT this sixty X60) day moratorium shall apply throughout the unincorporated County;
THAT this sixty X60) day moratorium shall expire upon the adoption of an amendment to the
Zoning Ordinance addressing the use of acyber-sweepstakes or at midnight on May 23, 2010,
whichever occurs first;
THAT this ordinance shall become effective immediately upon its adoption.
SECTION 2. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of such conflict.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed severable and such holdings shall not affect the
validity ofthe remainingportionshereof.
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Adopted this the day of March, 2010.
Jason R. Thompson, Chairman
Attest:
Sheila Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 24, 2010
REGULAR
ITEM: 3
DEPARTMENT: County Manager PRESENTER(S): Bruce T. Shell, County Manager; Cam Griffin,
Budget Director
CONTACT(S): Bruce T. Shell, County Manager; Cam Griffin, Budget Director
SUBJECT:
2010-2011 Budget Work Session
BRIEF SUMMARY:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conduct budget work session.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Conduct budget work session.
COMMISSIONERS' ACTIONS:
Conducted budget work session.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 24, 2010
REGULAR
ITEM: 4
DEPARTMENT: County Manager PRESENTER(S): Rick Catlin, Port Waterway & Beach Commission
Chair
CONTACT(S): Chris Coudriet, Assistant County Manager
SUBJECT:
Beach Renourishment Discussion
BRIEF SUMMARY:
Rick Catlin will present possible renourishment opportunities and discuss funding implications and
partnerships.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
The item was withdrawn and will be placed on a future agenda.
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