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HomeMy WebLinkAbout2016-04-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 4, 2016 PAGE 498 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 4, 2016, at 4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chairman Beth Dawson; Vice-Chairman Jonathan Barfield, Jr.; Commissioner Woody White; and Commissioner Rob Zapple. Commissioner Watkins was absent. Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board Teresa Elmore. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Dr. Robert W. Bardeen, Interim Pastor of St. Andrews-Covenant Presbyterian Church, provided the invocation and Commissioner Zapple led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Dawson asked if any member of the Board would like to remove or discuss any item on the Consent Agenda. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner White, to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 TO 0. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Agenda Review Meeting of March 17, 2016 and the Regular Meeting of March 21, 2016, as submitted by the Clerk to the Board. Approval of Waiver of Landfill Tipping Fees for the 2016 North Carolina Azalea Festival – Environmental Management Department The Commissioners approved a waiver of landfill tipping fees for the 2016 North Carolina Azalea Festival estimated to generate 10-15 tons of waste, resulting in a waiver of approximately $780 in tipping fee revenues. The waste will be transported by Coastal Ladies Carting (Pink Trash) and Rent-A-John. A copy of the application is available for review in the Environmental Management Department. Acceptance of Eight Donations for Accession into the Museum’s Permanent Collection – Cape Fear Museum The Commissioners accepted eight donations of regional artifacts for accession into the Cape Fear Museum’s permanent collection. The objects were approved by the Museum Advisory Board at its meeting of March 13, 2016 and a list of the items is available for review at the Cape Fear Museum. Approval of Items to be Deaccessioned from the Museum’s Permanent Collection – Cape Fear Museum The Commissioners accepted the recommendation of the Museum Advisory Board to deaccession a list of 100 items from the Cape Fear Museum’s permanent collection. The Museum Advisory Board approved the deaccession at its meeting on March 13, 2016. The Leon Pierce collection may be transferred to another museum, offered for auction or transferred to the teaching collection of the museum. Adoption of Child Abuse Prevention Month Proclamation – Department of Social Services The Commissioners adopted a proclamation recognizing April as Child Abuse Prevention Month in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 7.1. Approval of December 2015 Tax Collection Reports – Tax Department The Commissioners accepted the Tax Collection Reports of New Hanover County and New Hanover County Fire District as of December 2015. Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 7.2. Approval of January 2016 Tax Collections Reports – Tax Department The Commissioners accepted the Tax Collection Reports of New Hanover County and New Hanover County Fire District as of January 2016. Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XL, Page 7.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 4, 2016 PAGE 499 REGULAR ITEMS OF BUSINESS ADOPTION OF PROCLAMATION DECLARING APRIL 5, 2016 AS COUNTY DAY OF RECOGNITION FOR NATIONAL SERVICE Chairman Dawson reported that the Senior Resource Center has requested the Commissioners adopt a proclamation in honor of the Senior Corps Programs of RSVP and the Foster Grandparent Program. Vice-Chairman Barfield read the proclamation into the record and moved for adoption. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to adopt the proclamation declaring April 5, 2016 as County Day of Recognition for National Service. Upon vote, the MOTION CARRIED 4 to 0. Tracy Ash, Program Manager of the Senior Corps Program, accepted the proclamation and expressed appreciation for the County’s support of the program and for the more than 800 volunteers serving at 55 stations including County schools, home delivered meals, assisting seniors navigate Medicare, volunteer income tax assistance, historical and cultural attractions, disaster preparedness, literacy and computer training, local food banks, hospital and hospices, and assisting local veterans. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 7.4. ADOPTION OF PROCLAMATION DECLARING APRIL 6, 2016 AS START BY BELIEVING DAY Chairman Dawson reported that the Rape Crisis Center of Coastal Horizons Center, Inc. has requested the Commissioners adopt a proclamation launching a public awareness campaign designed to improve responses of family members and loved ones for victims of sexual violence. Commissioner Zapple read the proclamation into the record and moved for adoption. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chairman Barfield, to adopt the proclamation declaring April 6, 2016 as Start by Believing Day. Upon vote, the MOTION CARRIED 4 TO 0. Patti Alliot, Clinician with the Rape Crisis Center of Coastal Horizons Center, Inc. accepted the proclamation on behalf of the Coastal Horizons Center and expressed appreciation for support of the program. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page 7.5 COMMUNITY CHILD PROTECTION TEAM REPORT Assistant DSS Director Wanda Marino reported that N.C. General Statutes require a report be made to the Commissioners regarding services for children as well as achievements made by the Community Child Protection Team (CCPT). The team of 21 professional members from the community serve as the team and has prepared the report. Judge J. H. Corpening, chairman of the CCPT presented the gaps and deficiencies in services and resources that negatively impact child safety and well-being: Lack of consistent, accessible, effective mental health services for children: a) Unacceptable services for families and children experiencing a mental health crisis, which requires in-patient treatment for stabilization, i.e. long waits due to limited inpatient resources, which can be days or weeks, in the emergency room and a great distance to travel to access services; b) Minimal appropriate out-of-home placements that currently exist for children identified with sexually acting out behaviors; and c) Inability to access appropriate therapeutic interventions due to limitations for coverage by both Medicaid and private insurance companies. Recommendation: a) Expand insurance coverage to include services for therapeutic interventions for children and adults in need of these services to ensure child safety; and b) ensure appropriate client advocacy on behalf of children and adults who are in need of mental health services by improving communication with local mental health management entities. Substance Abuse-Involved Families: Substance abuse by parents and caretakers continues to be a prevalent contributory factor in child maltreatment. The negative impact that results from substance abuse involves children being left unsupervised, children born testing positive for a controlled substance such as prescription medications or illegal drugs, caretakers involved in criminal behavior leading to incarceration and sadly child fatalities. Of particular concern is the local opiate abuse epidemic. This issue is compounded by the local proliferation of providers who deliver minimal oversight and intervention regarding medication management, i.e. Methadone, Subutex, and Suboxone. Recommendation: a) Increase community awareness through education regarding intervention and better outcomes; and b) continue collaboration with community partners to develop policy and procedures regarding the safety of children when a parent or caretaker is in substance abuse treatment. Lack of Affordable Non-Subsidized Housing: Families who are at or just above the current poverty guidelines are not eligible for subsidized housing. They struggle to find affordable, adequate housing in New Hanover County. Too often the results are families being forced to live in unsafe neighborhoods; multiple families residing in a single residence, or tragically enough, homelessness. Recommendation: Provide funding to community agencies to develop innovative housing initiatives/solutions that meet the needs of all the populations in New Hanover County, particularly the working poor, and require strict enforcement of housing regulations. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 4, 2016 PAGE 500 Service barriers for undocumented families: Systemic barriers exist for undocumented families’ ability to access basic services that would adequately meet the needs of their children, i.e. medical care, dental care, mental health treatment, and housing. Recommendation: Ensure that basic needs for ALL children are met regardless of citizenship through advocacy at the local and state level. Increased youth gang involvement: Our community has seen a meteoric rise in gang violence. Sadly, a great deal of this gang activity involves our children. There are cases of children killing children and gangs exert greater influence on children than their parents. Recommendation: Continued support of the local leadership’s efforts to combat gang activity within our community in order to keep children from choosing this lifestyle. Judge Corpening reported that the CCPT works to prevent child abuse and neglect in the life of a community by helping other organizations find ways to bring attention to the cause of child abuse prevention. In 2015 the team sponsored the following events:  “Great Childhoods for all Children” – In April 2015, during Child Abuse Prevention Month, held the Annual Flower Launch on the Henrietta honoring community members and professionals who work every day to nurture and protect our children. Judge Corpening invited the Commissioners to this year’s flower launch on April 27th at 4:00 p.m. at the Henrietta Dock.  Community Education on Reporting Child Abuse and Neglect – Training was provided to all county fire departments, local law enforcement, and New Hanover County School counselors/social workers on how to recognize, respond, and report child abuse and neglect.  “Dynamics of Domestic Violence” Training – Judge Corpening provided DSS staff with training regarding the effects of domestic violence on children and families.  “The ABC’s of CME’s” Training – Dr. Mollie Berkhoff and her staff from the University of North Carolina Medical Center provided the community with an extensive training regarding the use of Child Medical Evaluations in diagnosing child abuse.  Child Fatality Protocol – DSS and the District Attorney’s Office collaborated on an updated version of the community’s Child Fatality Protocol and provided education to numerous professionals throughout the county.  “Infant Safe Sleeping Tips” – A flyer developed and distributed to educate the public in reducing the risk of SIDS and sleep-related causes of infant death. The project partnered with the New Hanover County Child Fatality Prevention Team. Assistant DSS Director Marino requested the appointment of the following at-large members to the CCPT for the ensuing year: Mary Ann Lama, Executive Director, Domestic Violence Shelter and Services, Inc.; Robert J. Speight, Chief Court Counselor Division, Juvenile Justice, NC Department of Public Safety; Amy Feath, Executive Director, Carousel Center for Abused Children; Chris Preston, New Hanover County Youth Empowerment Services Manager; and Warren Lee, Director, New Hanover County Emergency Management. Chairman Dawson requested direction from the Board. Motion : Vice-Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to accept the Community Child Protection Team Annual Report. Upon vote, the MOTION CARRIED 4 to 0. Motion : Commissioner Zapple MOVED, SECONDED by Vice-Chairman Barfield, to appoint members as recommended to the Community Child Protection Team for one-year terms expiring April 2017. Upon vote, the MOTION CARRIED 4 to 0. Chairman Dawson thanked Judge Corpening and the CCPT members for their service to the community and for the report. APPROVAL OF THE JUVENILE CRIME PREVENTION COUNCIL FUNDING RECOMMENDATION FOR FISCAL YEAR 2016-2017 Judge J. H. Corpening, chairman of the New Hanover County Juvenile Crime Prevention Council (JCPC), reported that the JCPC voted unanimously to recommend the allocation of $433,344 in State JCPC funding for fiscal year 2016-17 with the priorities of Psychological Services, Community Services/Restitution, Teen Court and Home- Based Family Services, and Parent Skill Building Programs as follows: JCPC Administration = $7,600 Youth Empowerment Services = $345,132 Teen Court = $45,725 Strengthening Families = $34,887 Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to approve the Fiscal Year 2016- 2017 Juvenile Crime Prevention Council’s funding recommendation. Upon vote, the MOTION CARRIED 4 to 0. In response to questions on the likelihood of continued state funding, County Manager Coudriet reported that the General Assembly has consistently supported the JCPC program and he did not anticipate any changes in state funding. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 4, 2016 PAGE 501 PRESENTATION ON THE TRI-COUNTY HOMELESS INTERAGENCY COUNCIL'S EFFORTS TO END MILITARY VETERAN HOMELESSNESS Cecelia Peers of the Tri-County Homeless Interagency Council and the Cape Fear Council of Governments, reported on the 100-day initiative to end veteran homelessness. The community is one of six that participated in this team challenge, sponsored by Governor McCrory, along with the Department of Veterans Affairs and the North Carolina Coalition to End Homelessness. The aggressive 100-day goal is to house 24 of the veterans known to be homeless in January by May 25th and to house all newly identified veterans within 90 days. They plan to move all unsheltered veterans into permanent housing through support from the greater community. The team members working on the initiative are representatives from the United Way, U.S. Department of Veteran Affairs, Family Endeavors, Good Shepherd Center, Pender County Housing Authority, and Eastern Carolina Human Services. The team believes that at least 15 additional landlords are needed to house the veterans with subsidized affordable units. Those needing more information should contact and/or attend the following events:  The local housing crisis line for veterans is 910-444-4998  Fair Housing Workshop sponsored by the Cape Fear Housing Coalition is scheduled on April 14th from 9:00 a.m. to 11:00 a.m. at the New Hanover County Executive Development Center  Continuum of Care partnership hosting the Homeless Stand Down onMay 20th from 9:00 a.m. to 1:00 p.m. at the Schwartz Center  Cecilia Peers email at cpeers@capefearcog.org Laressa Witt, Program Manager with Family Endeavors, spoke on the program that helps homeless veterans get into housing. They find landlords in the community who are willing to partner with them and set up rent payments and utility deposits for the veterans. Family Endeavors provides other resources to the veterans and help them in finding employment. A question and answer period was held on the initiative and the Commissioners expressed appreciation for the efforts of the community in helping homeless veterans and encouraged landlords to work with the groups in getting housing for the veterans. Chairman Dawson thanked Ms. Peers and Ms. Witt for the report. POSTPONEMENT OF PUBLIC HEARING OF REZONING REQUEST BY BARRY AMOS OF COLLEGE ROAD DEVELOPMENT PARTNERS LLC, PROPERTY OWNER, TO REZONE 8.05 ACRES LOCATED AT THE 2600 BLOCK OF N. COLLEGE ROAD FROM B-2, HIGHWAY BUSINESS DISTRICT, AND R- 15, RESIDENTIAL DISTRICT, TO (CUD) R-10, CONDITIONAL USE RESIDENTIAL DISTRICT, AND FOR A SPECIAL USE PERMIT IN ORDER TO DEVELOP A HIGH DENSITY DEVELOPMENT (Z-951, 3/16) Chairman Dawson stated that the applicant, College Road Development Partners, has requested that the item be continued and requested the applicant to come forward. Barry Amos of College Road Development Partners LLC, property owner of 8.05 acres located on the 2600 block of N. College Road, requested the Board grant a continuance of the rezoning request until such time that the full Board can hear the petition. Motion : Vice-Chairman Barfield MOVED, SECONDED by Commissioner Zapple, to continue the public hearing for the rezoning request by College Road Development Partners LLC, of property located on the 2600 block of N. College Road, until the Regular Meeting scheduled on May 2, 2016 at 4:00 p.m. Upon vote the MOTION CARRIED 4 to 0. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY CINDEE WOLF OF DESIGN SOLUTIONS ON BEHALF OF THE PROPERTY OWNER, NEW BEGINNING CHRISTIAN CHURCH, TO REZONE 14 ACRES LOCATED AT THE 2900 BLOCK OF BLUE CLAY ROAD FROM R-20, RESIDENTIAL DISTRICT, TO (CZD) R-10, CONDITIONAL RESIDENTIAL DISTRICT, IN ORDER TO DEVELOP A PERFORMANCE RESIDENTIAL SUBDIVISION (Z-950, 3/16) Chairman Dawson opened the public hearing to receive comments on a rezoning request by Cindee Wolf of Design Solutions on behalf of the property owner, New Beginning Christian Church, to rezone 14 acres located at the 2900 block of Blue Clay Road from R-20, Residential District, to (CZD) R-10, Conditional Residential District, in order to develop a performance residential subdivision and requested staff to make the presentation. County Planner Brad Schuler presented the request to rezone 14 acres of a 17.93-acre parcel of land located at the 2900 block of Blue Clay Road, approximately one-half mile north of the intersection of North Kerr Avenue. The property is currently zoned R-20 and is being proposed to be rezoned to a (CZD) R-10, Conditional Residential District for a 46 single-lot subdivision. The property was recently part of a rezoning application consisting of 73 acres and owned by three separate property owners, who were seeking to change the zoning to an R-10 District. The surrounding community voiced concern, mainly about the type of development and the potential impact it may have on them. The straight rezoning application did not have a site plan and there was no way to guarantee or condition a certain type of development within the district. The request was denied by the Board in October 2015. Since then the property owner of the two middle parcels submitted plans for a 154-lot subdivision called Rachel's Place, which was approved by the Board in January with conditions for additional landscaping along Holland Drive to screen existing dwellings from the proposed development. The undeveloped property of 14 acres fronting Blue Clay Road, Alex Trask Drive and Holland Drive is located between two existing R-10 Districts. To the north is a large tract of approximately 260 acres in area and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 4, 2016 PAGE 502 contains Ivy Woods and Runnymeade subdivisions. To the south is the recently rezoned property of Rachel’s Place. Industrial districts are located to the east and south and contain the North Kerr Industrial Park and Wilmington International Airport. A small portion of R-15 is located along Sandy Lane and Wrightsville Elementary School is located on Castle Hayne Road. The applicant proposes to develop a 46-lot performance residential subdivision and would provide interconnectivity to the Ivy Woods Subdivision and into Rachel's Place. The property is within the Urban Services boundary with water and sewer infrastructure located in the vicinity. There has been someconcerns about the connection to Galway Road, which was dedicated as a public right-of-way in the late 1980's and constructed to NCDOT standards. However, NCDOT never accepted the road into the state maintenance system and it is the responsibility of the property owners on Galway to maintain it. County Engineering has estimated improvements would cost around $30,000 to $40,000 to get the road up to state standards in order for the state to add the road to the state system. All other roads in the vicinity are maintained by the state except for one other. Pavement on Galway Road stops about 40 feet short of the property line due to a ditch that runs along the property line between Ivy Woods and the proposed development. A connection would require some off-site improvements by the developer and staff did request a condition that a connection to Galway Road must be improved and connected to existing pavement. The applicant proposes a condition that requires landscaping to be installed along Alex Trask Drive and Holland Drive. The proposed development would generate 42 a.m. peak hour trips and 52 p.m. peak hour trips; therefore, a traffic impact analysis (TIA) was not required. A recently completed TIA for Rachel's Place found the major intersections in the area of Blue Clay Road and North Kerr Avenue would operate at a level of service of “B” or better during peak hours when the development is completed in 2018. According to traffic counts conducted by the Wilmington Metropolitan Planning Organization, the adjacent portion of Blue Clay Road is currently operating at a level of service of “A.” The R-10 district is established as a district in which the principal use of land is for residential purposes with access to either public water or public sewer. Under the performance residential standards, developments within the R-10 district are allowed up to 3.3 units per acre. A conceptual site plan of the proposed New Beginning subdivision is included as part of the application and the applicant proposes to develop a 46 lot performance residential subdivision with the following conditions: 1. Streetyard plantings for the non-residential use in a residential district will be installed along Holland Drive and Alex Trask Drive frontages. 2. A 20 foot easement along Blue Clay Road shall be dedicated to the County for the purpose of installing a future multi-use path in accordance with the 2008 Blue Clay Corridor Study. The subject property is classified as Aquifer Resource Protection, which is where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. Wetland data provided by NC Division of Coastal Management shows wetlands may exist in the northwest portion of the property. The Land Use Plan suggests that if septic systems are to be used, development within the Aquifer Resource Protection subclass should be on large lots to prevent cross contamination of wells. Alternatively, water and sewer services should be extended to the area to curtail septic system use. Density in developments that utilize septic systems should be limited to 2.5 dwelling units per acre, while urban densities are appropriate for developments connected to sewer service. Water and sewer services have been extended to the area and the services would be required to be extended throughout the proposed development. Therefore, the goals of the Aquifer Resource Protection area would be achieved with the proposed development. Staff recommends approval of the application with conditions as the application is consistent with the requirements of the Zoning and Subdivision Ordinances and also the 2006 Wilmington-New Hanover County CAMA Land Use Plan. The proposal is consistent with Policy 3.28 of the Land Use Plan and it should preserve the Castle Hayne and Pee Dee Aquifers in their present unpolluted state as the primary groundwater resources for the County because of the requirement of water and sewer services to the area. Urban densities are appropriate within this classification when sewer service is provided. In response to questions about Galway Road, Planner Schuler reiterated that residents of Galway Road would need to make the road improvements before the state would accept the road for maintenance; and the developer would be responsible for installing the culvert at the ditch and extending and connecting the road to the proposed subdivision. Chairman Dawson requested the petitioner to present the case. Cindee Wolf, of Design Solutions on behalf of New Beginning Christian Church, stated that the justification for the rezoning is similar to the uses in Rachel’s Place. The original petition included rezoning the parcel with the church facility, but future plans for a fellowship hall could occur without inclusion of the parcel for rezoning. The performance residential subdivision for single family lots on 14 acres translates into a density of 3.3 units per acre for a medium residential suburban density of 46 units. She believed that there would be a demand for single family homes because of low interest rates and improvements in the economy. Ms. Wolf stated that the proposed development would protect the aquifer with the use of public sewer and water services. Furthermore, the sustainability of the County depends on the use of land already acceptable to urban services, such as water and sewer, schools and the thoroughfare streets of Blue Clay Road and North Kerr Avenue. A greater density of single-family homes would increase the tax base and the development would be a good transition into similar type housing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 4, 2016 PAGE 503 In regards to the missing gap of roadway, Ms. Wolf pointed out that the residents opposed the connection to Galway Road in the past because of concerns of increased traffic. She proposed that a connection was not necessary for the new development; however, the subdivision regulations state that good interconnectivity is important. Galway Road was never accepted by NCDOT because it was a stub street, but the subdivision ordinance requires stub streets adjoining vacant property for future connectivity. Unless a developer is willing to put a turnaround at the stub street, NCDOT would not take over road maintenance. The developer of New Beginning subdivision is willing to make the connection to the culvert; however, if the Board decides that it is not needed, the developer would be in agreement. Commissioner White asked that if the residents of Galway Road do not want the connectivity, should the Board approve the plan without the connectivity. Ms. Wolf responded that the subdivision ordinance promotes interconnectivity; however, adequate streets are available to serve the neighborhood, which meets the criteria of the ordinance. Furthermore, the residents of Galway would be unable to petition NCDOT for maintenance if the stub is not connected or improvements made. The developer has agreed to pay the cost of road improvements to 40 feet beyond the property boundary as a condition for approval. The older portion of the road would be the responsibility of the residents in the older neighborhood, but they cannot be forced to make improvements. Without improvements the entire road cannot be added as a state maintained road. The new development would be required to have a homeowner's association that would have the responsibility to maintain the new section of Galway. The residents of New Beginning would not need to use that portion of Galway for their transportation needs. Furthermore, additional traffic on Galway Road may cause more potholes without the needed repairs. To bring the old portion of Galway up to NCDOT’s standard, the roadway would need to be milled and resurfaced, 15-inch metal pipes replaced probably requiring an engineer, and petitions for encroachments of the utilities would need to be obtained at an estimated cost of $30,000 to $40,000 for the 25 to 30 year old road. Chairman Dawson requested those in opposition to give their remarks. Don Pulice, a resident of Old Mill Road, did not agree with the petitioner that no additional traffic would travel on Galway Road. He said that those who want to travel to Castle Hayne Road and north would most likely take Galway Road. However, his main concern was that the proposed subdivision and Rachel’s Place are uphill from his home, which flooded on October 4, 2015. With the new construction of 200 homes, he believed that the stormwater runoff would have no place to go. He requested the Board to consider the drainage problems and the recent flooding of his home in its decision process. He played an audio of the sound of rushing water through his property when his house and property were flooded. Mr. Pulice said the flooding was caused from poor drainage conditions in his community and not the drainage on his property. Planner Schuler explained that Ivy Woods and Runnymeade subdivisions were built prior to the County’s current stormwater ordinance that requires a larger quantity of water to be held on site. The potential improvements of stormwater drainage for the new developments should make major improvements to drainage in the surrounding area. Chairman Dawson requested staff to assist Mr. Pulice with the drainage and flooding issues in his community. Hear no further public comments or questions from the Board, Chairman Dawson closed the Public Hearing and informed the petitioner that if the rezoning request is denied, a new application may only be submitted within 12 months of a denial if substantial change is made to the petition. She asked whether the petitioner wanted to continue the request to a future meeting or proceed with the Board deciding whether to grant or deny the request. Ms. Wolf requested the Board to proceed with the decision. Chairman Dawson requested direction from the Board. Motion : Commissioner Zapple MOVED, SECONDED by Vice-Chairman Barfield, to approve the request, as the Board finds that this application for a zoning map amendment of 14 acres from R-20, Residential District, to (CZD) R-10, Conditional Residential District as described is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the proposed performance residential subdivision must install water and sewer service, and thus it should not significantly diminish the recharge of surrounding aquifers, thereby complying with the development strategies of the Aquifer Resource Protection land use classification and Policy 3.28 of the Land Use Plan; 2.) Reasonable and in the public interest because it provides for increased density in areas best suited for development while not impeding the quality of life of the existing residential communities; with the following conditions: 1. Streetyard plantings for the non-residential use in a residential district will be installed along Holland Drive and Alex Trask Drive frontages. 2. The street connection to Galway Road shall be improved and extended to connect to Galway Road’s existing pavement. In discussion, Commissioner White asked the Board to consider removing the condition for the street connection to Galway Road and leave the street stub as it exists because it seemed unfair to have the 12 residents on Galway to pay the cost of improvements when others from the surrounding neighborhoods would travel the road. Commissioner Zapple commented that he felt the increased density of the 200 homes will make it more important in the future to have the interconnectivity of the subdivisions. Vote Result : Upon vote, the MOTION CARRIED 4 to 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1974, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 10A, Page 37. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33 REGULAR MEETING, APRIL 4, 2016 PAGE 504 PUBLIC COMMENTS ON NON-AGENDA ITEMS Chairman Dawson reported that the following persons had signed up to speak on non-agenda items.  R.J. Davis, a resident of Pine Valley, expressed concern with the City of Wilmington’s budget, bond referendum of $55 million and the effects of increased taxes of those on fixed incomes, as well as law enforcement and crime issues. Chairman Dawson thanked Mr. Davis for his comments and suggested that he may want to attend the meeting of Wilmington City Council the following evening at 6:30 p.m. to give his comments.  Andy Rinko, a resident of Callawasse Island Drive, reminded the Commissioners that they had signed a code of ethics in 2016 that they would honor the opinions of other Commissioners even when they disagree. He urged the Board to work collaboratively, be transparent with their actions, consider comments of all their constituents, and mitigate the ability of Commissioners to use the County’s email service as a means of speaking against other Commissioners’ opinions. ADDITIONAL AGENDA ITEMS OF BUSINESS  Commissioner Zapple commented that he had received numerous emails from people who were concerned about dogs being restrained for a long period of time and he reported that Section 5-30 of the County Code of Ordinances prohibits dogs from being tied with “ropes, chains and the like.”  Chairman Dawson welcomed visitors to the NC Azalea Festival and invited everyone to participate in the many events and festivities. ADJOURNMENT There being no further business, the meeting adjourned at 6:15 p.m. Respectfully submitted, Teresa P. Elmore 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 checkout at all New Hanover County Libraries and on-line at www.nhcgov.com.