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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. Board of Commissioners Special Meeting n2~~n~~n~n vim/ .41 -r, .4.v i v This page intentionally left blank. 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. Board of Commissioners Special Meeting n2~~n~~n~n .41 -r, .4.v i v 1-0 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 H ~ 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 Board of Commissioners Special Meeting n2~~n~~n~n .41 -r, .41 v i v 1-2-1 This page intentionally left blank. 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. Board of Commissioners Special Meeting n2~~n~~n~n .41 -r, .4.v i v 2-0 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 1 Board of Commissioners Special Meeting n2~~n~~n~n .41 -r, .41 v i v 2-1-1 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; 2 Board of Commissioners Special Meeting n2~~n~~n~n vim/ .41 -r, .41 v i v 2-1-2 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. 3 Board of Commissioners Special Meeting n2~~n~~n~n vim/ .41 -r, .41 v i v 2-1-3 Adopted this the day of March, 2010. Jason R. Thompson, Chairman Attest: Sheila Schult, Clerk to the Board 4 Board of Commissioners Special Meeting n2~~n~~n~n vim/ .41 -r, .41 v i v 2-1-4 This page intentionally left blank. 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. Board of Commissioners Special Meeting n2~~n~~n~n .41 -r, .4.v i v 3-0 This page intentionally left blank. 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. Board of Commissioners Special Meeting n2~~n~~n~n .41 -r, .4.v i v 4-0