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1979-12-03 Regular Meeting o o o MINUTES OF REGULAR MEETING, DECEMBER 3, 1979 515 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 3, 1979, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners Howard L. Armistead, Jr.;.Karen E. Gottovi; Claud O'Shields, Jr.; Vivian S. Wright; Chairman Ellen C. Williams; County Manager George F. Cooper; County Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmisell. No members were absent. Chm. Williams called the meeting to order. Rev. GrahamMcChesney ofWindecrrore Presbyterian Church offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, NOVEMBER 19, 1979 Comm. Wright pointed out that on page 513 of under "Ordinance Amending the New Hanover County Ambulance Ordinance", the date the existing ordinance was to continue in effect should be changed to June" 30, 1980 instead of 1979. Comm. Wright also requested that on page 511 under "Discussion on Architects for Proposed Court Facilities", she would like to have her vote specified as she did not vote for one of the 3 final firms and she did not want to have it appear that she did. When the Commissioners each selected three firms, she voted for the following three: Jefferies & Faris, Architects Synthesis, Architects & Planners Leslie N. Boney, Architects Chm. Williams also stated that she would like fue record to show that she voted for the following three firms: Julian A. Altobellis Ligon B. Flynn John R. Oxenfeld Comm~ Wright moved, seconded by Comm. Armistead, to approve the Minutes of the Regular Meeting of November 19, 1979, with the corrections as outlined above. Upon vote, the motion carried unanimously. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN Comm. Wright nominated Comm. Williams to serve as Chairman for another year. Comm. O'Shields requested that if Comm. Williams filed to run for an office other than County Commissioner, she resign as Chairman of the Board so there would be continuity through the remaining year. Comms.'. Wright and Gottovi commented. Upon vote, Comm. Williams was re-elected Chairman by the following vote; Voting Aye: Voting Noe: Comm. Armistead, Wright and Chm. Williams Comm. Gottovi and O'Shields Comm: O'Shieldsmoved that Comm. ~ottovi be re~elected Vice~Chairman. Upon vote, Comm. Gottovi was re~elected Vice~Chairman by the following vote; Voting Aye: Voting Noe: Comm. Armistead, Gottovi, and O'Shields Comm. wright and Chm. Williams APPROVAL OF CONSENT AGENDA Chm. Williams explained that the Consent Agenda consisted of items that were not " considered controversial and the Commissioners had been furnished the back-up in- formation to explain those items adequately so they could be voted on without dis- cussion. Chm. Williams also reported that it had been requested that items 3 and 4 on the Consent Agenda be removed for further clarification. Upon motion by Comm. Armistead, seconded by Comm. Gottovi, the following items I contained the consent agenda were unanimously approved: pUBLIC OFFICIALS BOND IN THE AMOUNT OF $50,000 FOR FINANCE OFFICER ANDREW J. .: ATKINSON. A copy of the Bond is contained in Exhibit Book VII, Page 40. 516 APPROVAL OF CONSENT AGENDA (CONTINUED) .sf' THE USE OF A FACSIMILE SIGNATURE ON CHECKS REQUIRING THE FINANCE OFFICER'S SIGNATURE. BUDGET ,TRANSFER -,CAPE'FEAR" TECH To cover extra high costs associated with alterations to existing facilities: Debit - Acct. #6223, Repairs- Facilities $ 5,000 Credit - Acct. #9151, Building - Alterations & Additions $ 5,000 BUDGET AMENDMENT - DATA PROCESSING To move installation costs of computer from contracted services to Capital Outlay so this cost can be set up as part of the total cost of the computer system: Debit - Acct. #11 441 45, Contracted Services Credit - Acct. #11 441 74, Captial Outlay - Equipment $ 6,424 $ 6,424 o BUDGET AMENDMENTS - HEALTH DEPARTMENT To bring the budgeted amounts in the following budgets in line with the final approved State budgets: Maternal & Child Health Revenue: Acct. #44 368 11, Revenue (Minus) Expenditure: Acct. #44 591 07, Retirement (Minus) Acct. #44 591 33, Supplies & Materials (Minus) Cancer Screening Revenue: Acct. #44 368 15, Cancer Screening (Minus) Expenditure: 'C Acct. 1/44 597 10, Auto Allowance (Minus) Acct. #44 597 11, Telephone & Postage (Minus) Acct. #44 597 14, Travel, Meetings & Schools (Minus) Acct. #44 597 33, Supplies & Materials (Minus) Acct. #44 597 74, Capital Outlay - Equipment (Minus) Hypertension Revenue: Acct. #44 368 12, Hypertension (Minus) Expenditure: Acct."#44 595 02, Salaries (Minus) Acct. #44 595 05, Social Security (Minus) Acct. #44 595 06, Hospital Insurance (Plus) Acct. #44 595 07, Retirement (Minus) Acct. #44 595 10, Auto Allowance (Minus) Acct. #44 595 11, Postage (Minus) Acct. #44 595 14, Travel, Meetings & Schools (Minus) Acct. #44 595 33, Supplies, Materials (Minus) $ 372 $ $ 47 325 $ 2,850 $ 300 $ 201 $ 71 $ 1,978 $ 300 o $ 5,960 $ 1,034 $ 63 $ 17 $ 500 $ 386 $ 400 $ 914 $ 2,601 BUDGET AMENDMENT - HOSPITAL EXPANSION To cover additional funds for Change Orders,E67, E68,and E69 and G92, G93 and G94 to the Hospital Expansion Capital 'Project: Debit - Acct. #78 575' 76, Contingencies (project) Credit - Acct. #78 575 73, Electrical Contract Acct. #78 575 70, General Contract $ 3,924 $ 2,536 $ 1,388 LEASE WITH" NEw HANOVER DRUG ABUSE 'COMMITTEE , " INC. FOR. OuTDOOR ADVENTURE COURSE 0 Comm. Gottovi moved, seconded by Comm. O'Shields, to approve the Lea~e with the New Hanover Drug Abuse Committee to use property adjacent to the Juvenile Services Center for an Outdoor Adventure Course and authorize the Chairman to execute the Lease. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Carom. Armistead, Gottovi, O'Shields and Chm. Williams Carom. Wright A copy of the Lease is on 'file in the County Manager'~' Office. 5,1 o o o 517 MINUTES OF REGULAR MEETING, DECEMBER 3, 1979;(CONTINUED) AWARD OF BIDS FOR TRASK PARK The following bids were received for Trask Park Improvements' on November 15, 1979. Grading, Storm Sewer, Fencing and Establishing Vegetation: Central Builders - $74,500.00 Jere LeGwin Construction - $127,000.00 McKenzie Construction - $64,263.41 New American Environmental Construction - $98,985.00 Whitehead Grading Company - $70,622.03 Comfort Station and Storage Room Facility: Jere LeGwin Construction - $40,000.00 Wm. R. Morris Construction - $34,438.00 Reagan Construction Co. - $37,395.00 County Manager Cooper reported that all the bids were over the amount budgeted for the project. Mr. Cooper explained that the low bidder was not interested in negotiating his bid downward so a bid was negotiated with the next low bidder, Central Builders, in the amount of $36,500; therefore, he recommended that the comfort station bid be awarded to Wm. R. Morris ConstFuction in the amount of $34,438 and the grading bid be awarded to Central Builders in the ~ount of $36,500. Cornm. 'Armistead moved, seconded by Cornm. Gottovi, to accept the bid from William R. Morris Construction Company in the amount of $34,438 and the bid from Central Builders in the amount of $36,500 and that the following budget amendment be approved: Debit - Acct. #86 575 70, General Construction Acct. #86 575 71, Lighting Contract Acst. #86 575 72, Fencing Contract Land Acct. - Parks & Recreation $47,350 $ 2,806 $13,500 $ 7,782 Credit - Acct. 1/86 575 75, Comfort Station - Morris Acct. 1/86 575 76, Grading, Seeding, etc. - ' Central Builders Acct. 1/86 575 77, Advert-ising Upon vote, the motion carried unanimously. Const.$34,438 36,500 500 BREAK Chm. Williams 9:35 o'clock a. m. recessed the meeting for a break from 9:25 o'clock a. m. until PUBLIC HEARING Notice had been given that a public hearing would be held by the Board of Com- missioners of New Hanover County on Monday, December 3, 1979, at 9:30 a.m. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY ONE-HALF ACRE) LOCATED ON THE SOUTH SIDE OF THE PRIVATE ROAD TO CEDAR ISLAND APPROXIMATELY 1,000 FEET SOUTHEAST OF THE END OF OLD MILITARY ROAD, FOR A PRIVATE DOCK AND BOATING FACILITY IN AN R-20 (RESIDENTIAL) DISTRICT. - The Public Hearing on this application for Special Use Permit had been continued from the meeting of November 5, 1979. Chm. Williams reported ,that, ather request, she had been furnished the following statement from Chief Building Inspector, Thad Carmichael, outlining his opinion on this application for Special Use Permit: As Zoning Officer for New Hanover County, I was requested by the Chairman of the New Hanover County Commissioners to review the special use permit being requested by the Quail Woods, Access Corporation, and to give my opinion as to how I would administer and enforce the special use permit as required by Section 100~1 of the New Hanover County Zoning O~dinance which states "The Build~ng Inspector shall administer and enforce this Ordinance. He may be provided with assi~tance,of such other persons as the County Commissioners may direct". 518 MINUTES OF REGULAR MEETING, DECEMBER 3, 1979 (CONTINUED) S7~ PUBLIC lIEARLNG TQ CONSIDER Nl N';I'L;I:CATION FOR i)PECIAL USE PEllX;I:T TO.USE PROPERTY (APPROXIMATELX ONE-HALF ACRE) LOCATED ON THE SOUTRSIDE OF THE PRIVATE RO,ADTO CEDAR ISLAND APPROXIMATELY 1,000 FEET SOUTHEAST OF THE END OF OLD MILITARY ROAD, FOR A :. PRIVATE DOCK AND BOATING FACILITY IN AN R-2) (RESIDENTIAL) DISTRICT, (CONTINUED) In my review, it is my opinion that the request is for a private club and not for a dock or marina. My opinion for this:l.interpretation is based on Section 23-5 of the New Hanover County Zoning Ordinance, "Church, Club or Private Lodge - An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational or like activities, operated on a non-profit basis o for the benefit of its members, and certified as'a non-profit organization by the Secretary of State of the State of North Carolina". This is the definition of a private club. Members or members and their guests are referred to in the Special Use Permit, sub-paragraph (1), (2), and (8). In my opinion, it would be diffiqult, if not im- possible, for the Zoning Officer of New Hanover County to administer and enforce these three. restrictions. I further submit that in my opinion the restrictions in sub- paragraph (5), (6), and (7) would be equally as hard to administer 'and enforce. Finally, since, in my opinion as Zoning Administrator for New Hanover County, this is a request for a Private Club. I respectfully point out that the conditions for a Private Club have not been met; I refer you to Section 72-l2(t) of the New than two (2) acres in size. o Hanover County Zoning Ordinance that provides that all new sites shall be no less I realize that this interpretation is different from the Planning Commission's recomm~ndation, but I was asked for my opinion, and after a lot of thought and re- search, I have answered your request. It was felt that the petitioners should be furnished copies of this statement before the Commissioners proceeded with the Public Hearing. The hearing on this request was continued later in the meeting. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (5625. CAROLINA. BEACH ROAD).LOCATED ON THE EAST SIDE OF CAROLINA BEACH ROAD SOUTH OF THE INTERSECTION OF CAROLINA BEACH ROAD AND SOUTH COLLEGE ROAD FOR A MOBILE HOME INCIDENTAL TO A BUSINESS USE IN A B-2 (HIGHWAY BUSINESS) DISTRICT UNDER SECTION 72-29 Mr. Charles Lilley of the Planning Department reported that the Planning Com- mission had considered this application at its meeting in November and both the Planning ComInission and Planning Staff 'recommended aPl'roval. Chm. Williams asked' if there was anyone present to speak in favor of or in opposition to their application and no one appeared. o After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would. not substantially injure the value of adjoining or abutting property or the use was ~public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County. 51"1 o o o MINUTES OF REGULAR MEETING, DECEMBER 3, 1979 (CONTINUED) PUBLIC HEARING TO'CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (5625 CAROLINA BEACH ROAD) LOCATED ON THE EAST SIDE OF CAROLINA BEACH ROAD SOUTH OF THE INTERSECTION OF CAROLINA BEACH ROAD AND SOUTH COLLEGE ROAD FOR A MOBILE HOME INCIDENTAL TO A BUSINESS USE IN A B-2 (HIGHWAY BUSINESS) DISTRICT UNDER SECTION 72-29 (CONTINUED) 519 Comm. O'Shields moved, seconded by Comm. Armistead, that this Special Use Permit 'be issued based ,on the same ,conditions as recounnended by:the Planning Commission. Upon vote, the motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 1O.4s'ACRES) LOCATED ON THE EAST SIDE OF MASONBORO LOOP ROAD APPROXI- MATELY .2 MILE SOUTH OF THE INTERSECTION OF MASONBORO LOOP'ROAD AND GREENVILLE LOOP ROAD FOR A TOWNHOUSE DEVELOPMENT IN AN R-ls (RESIDENTIAL) DISTRICT. Mr. Charles Lilley of the Planning Department reported that the Planning Commission Subdivision Review Committe had conditionally approved the development at their meeting on November 26. He stated that the Planning staff recommended approval subd;ect to the following conditions: (1) Final design approval from DOT on the entrance to the private street; (2) Issuance of CAMA permit and its conditions; (3) The proposed pier be constructed in accordance with any requirements set forth by ,the Corps of Engineers, Department of the Army; (4) Plan as submitted and approved with the application for Special Use Permit; and, (5) That the Special Use Permit shall comply with all other supplemental regulations and requirements imposed by the Zoning Ordinance or any other Federal, State, or Local Ordinance. The Planning Commission recommended approval at its meeting on November 7, 1979. Mr. Adger Wilson, the developer, appeared before the Board to 'request approval. Chm. Williams asked if there,.was anyone else present to speak for or against this application, and the following:persons counnented: Mr. M. H.Vaughan Mr. Harry Watkins, Architect for the project After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public, necessity; and (d) that the location,and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County. Comm. Williams moved, seconded by Comm. Armistead, that this Special Use Permit be issued based on the same, conditions as recommended by the Planning Commission. Upon vote, the motion ,carried 'as follows: ' ' , Voting Aye: Voting Noe: Connn. Armistead, 0' Shields and Chm. Williams Comm. Gottovi and Wright PUBLIC HEARING FOR SPECIAL USE PERMIT FOR PRIVATE DOCK AND BOATING FACILITY LOCATED ON SOUTH SIDE OF ROAD TO CEDAR ISLAND (CONTINUED) Mr. Thad Carmichael, Chief Building Inspector, appeared before the Board to comment on his statement that had been distributed to the Commissioners and peti- tioners earlier in the meeting. County Attorney Fox"commented on 'the ):egal 'technicaltties, involved. Mr. Dumay Gorham, Attorney for the petitioners, commented. " - \ 520 MINUTES OF REGULAR MEETING, DECEMBER 3, 1979 (CONTINUED) PUBLIC HEARING rOR SPECIAL USE PERMIT FOR PRIVATE DOCK AND BOATING FACILITY LOCATED ON SOUTH SIDE OF ROAD TO CEDAR ISLAND (CONTINUED) s...o Comm. O'Shields moved, second by Comm. Williams, that, due to the reasons as stated, the Special Use Permit be denied. Upon vote, the motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (6768 GORDON ROAD) LOCATED ON THE SOUTH SIDE OF GORDON ROAD AND ABUTTING THE SCLRR RIGHT-OF-WAY, APPROXIMATELY 850 FEET WEST OF THE INTERSECTION OF GORDON ROAD AND HIGHWAY 17 FOR A FAMILY CARE HOME IN AN R-15 (RESIDENTIAL) DISTRICT. Mr. Charles Lilley of the Planning Department reported that the Planning Com- mission had considered this application at its meeting in November and both the Planning Staff and Planning Commission recommended approval. o Chm. Williams asked if there was anyone present to speak in favor of this request, and Mr. L. A. McKinnon, the petitioner, appeared to request approval. No one appeared in opposition. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required 'conditions and specifications; (c) that the use would not substaniallY,injure the value of adjoing or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County. Comm. Armistead moved, seconded by Comm. Gottovi, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, the motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 1.4 ACRES) LOCATED ON THE EAST SIDE OF VISION DRIVE APPROXIMATELY 500 FEET NORTH OF THE INTERSECTION OF VISION DRIVE AND EASTWOOD ROAD FOR A MINI WAREHOUSE IN A B-2 (HIGHWAY BUSINESS) DISTRICT. Mr. Charles Lilley of the Planning Department reported that the Planning Com- mission had considered this application at its meeting in November and both ,the Planning Staff and Planning Commissione recommended approval. Chm. Williams asked if there was anyone present to speak in favor of this application, and Mr. Stanley Rehder, a representative of the petitioners, appeared to request approval. No one appeared in opposition. " o After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the' use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be,' located and in gener?l conformity with the. plan of development for New Hanover County. Comm. Gcittovi move-d,. seconded by Comm, ,:Armistead; that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, the motion_'carried unanimously. SELECTION OF ARCHITECT FOR COURT FACILITIES Comm. Gottovi requested that the three architects that had been selected for consideration be allowed to make a short presentation and answer questions from the Board. Mr. Jay DeChesere'appeared before the Board to make the statement for SyntbeSiS,O Architects and Planners, and introduced the following persons who would be working with his firm on the,project, and the! commented, on their proposed responsibilities: Mrs. Norma Burns of Burnstudio Mr. Johnnie Peer of Jenkins-Peer, Architects Mr. Rod Andrew of Henry von Oesen & Associates, Engineers Mr. Herb McKim,' of Ballard, McKim and Sawyer, Architects, appeared before the Board to explain his firm's approach to the proposed p'roject and answer questions from the " Commissioners.' ' , ' Mr. John Jefferies,. of Jefferies & Faris, Architects, appeared before the Board to explain his fi~s approach to the pr?posed project and answ~r questions from the Commissioners. . ) pi 5~ MINUTES OF REGULAR MEETING, DECEMBER 3, 1979 (CONTINUED) SELECTION OF ARCHITECT FOR COURT FACILITIES (CONTINUED) 'Camm. Wright moved to contract with Jefferies & Faris for the proposed Court facilities. o o o Comm. O'Shields moved, seconded by Comm. Armistead, to cont:m::t with the firm of Ballard, McKim & Sawyer for the proposed Court facilities. Chm. Williams seconded Comm. Wright's motion. The Commissioners commented on the threesfirms, and upon vote, Comm. O'Shields motion carried as follows: Voting Aye: Voting Noe: Comm. Armistead, O'Shields and Gottovi Comm. Wright and Chm. O'Shields APPOINTMENT OF BUILDING COMMITTEE FOR" COURT FACILITIES Chm. Williams requested that this matter be delayed until the next meeting to obtain some additional information. It was agreed to delay, appointment of this committee and appointments to the' Board of Health until the next meeting. UPDATE ON TEMPORARY WATER SYSTEM FOR FLEMINGTON Comm. Gottovi requested an update on the temporary water situation in the Flemington area. County Manager Cooper reported on the possibility of obtaining several 50-gallon water drums to be placed in various locations in, the Flemington area. Comm. O'Shields moved, seconded by Comm. Gottovi, to obtain the drums and place them out there. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Armistead, Gottovi, O'Shields and Chm. Williams Comm. Wright CHM. WILLIAMS ASKED TO BE EXCUSED AND LEFT AT 11: 20 A. M. AND WAS ABSENT FOR THE REST OF THE MEETING. BUDGET TRANSFER - CLERK OF COURT Comm. O'Shields moved, seconded by Comm. Armistead, to approve the following amendment in the Clerk of Court budget to equip the ,new court~oom with chairs, , " tables, judges' furniture, jury room furniture, etc. Debit - Acct. #11 445 61, Contingencies Credit - Acct. #11 640 74, Equipment $ 6,000 $ 6,000 Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, Gottovi, O'Shields and Wright Chm. Williams BUDGET TRANSFER - LAW ENFORCEMENT CENTER Comm. Armistead moved, seconded by Comm. Gottovi, to approve the following transfer in the Law Enforcement Center Project to cover the increase in Southern Bell Telephone's bill for installing the telephone system: Debit - Acct. #77 575 80, Contingencies (Project) Credit - Acct. #77 575 79, Furniture & Landscaping $ $ 838.95 838.95 Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, Gottovi, O'Shields and Wright Chm. Williams DISCUSSION ON ARTS COUNCIL USING HOUSE NEXT TO MUSEUM County Manager Cooper reported that I the Lower Cape Fear Council for the Arts had requested that they be allowed to renovate and use the house that is next door to the Museum and the'Museum Board had n6 objections to this. I It was felt that additional information was necessary on this matter and that it should be placed on the agenda for discu~sion at a later time. 522 MINUTES OF REGULAR MEETING, DECEMBER 3, 1979 (CONTINUED) DISCUSSION ON SANITATION FACILITIES PERTAINING TO PORTABLE TOILETS Mr. Fred Connor appeared before the Board to discuss the enforcement of a provision in the building code requiring the use of. portable toilets on construc- tion sites. .r::..;;.... The County Manager ,was requested to check into. this matter and report back to the Board. ADJOURNMENT Comm. Wright moved, seconded by Comm. O'Shields, that the meeting be adjourned. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, Gottovi, O'Shields and Wright Comm. Williams o Vice-Chm. Gottovi adjourned the meeting at 11:29 o'clock a. m. Respectfully submitted, +--.6.J?~ Alyce B. Rusmisell Clerk to the Board MINUTES OF SPECIAL MEETING, DECEMBER 10, 1979 ASSEMBLY The New Hanover County Board of Commissioners met jointly with the Planning Commission in Special Session on Monday, December 10, 1979, at 7:30 o'clock a. m. in the Assembly Room, New'Hanover County Administration Building, Wilmington, North Carolina; Members present were Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi; Claud O'Shields, Jr.; Vivian S. Wright; Chairman Ellen C. Williams; County Manager' George F. Cooper and Clerk to the Board, Alyce B. Rusmisell. No members were absent.O Planning Commission members present were Mr. Larry Flowers, Mrs. 'Louise Gorham, Mr. Charles Hollis, Mrs. Katherine Hoyt, Mr. Dan Retchin and Chairman Hamilton Hicks. Chm. Williams called the meeting to order and stated the meeting had been called to consider an application for Special Use Permit for the New Hanover.Volunteer Rescue Squad and to hold a Public Hearing on proposed Subdivision Regulations at 7:30 p. m. PUBLIC HEARING Notice had been given that a public hearing would be held by the Board of Com- missioners of New Hanover County on Monday, December 10, 1979, at 7:30 a. m. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, N. C. to consider the following: PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (4550 CAROLINA BEACH ROAD) LOCATED ON THE WEST SIDE OF CAROLINA BEACH ROAD ( U. S. HWY. 421) APPROXIMATELY 2,800 FEET SOUTH OF MCCARLEY BOULEVARD (MAIN ENTRANCE TO ECHO FARMS RESIDENTIAL COMMUNITY) FOR EXPANSION OF AN EMERGENCY SERVICE FACILITY. Mr. Charles Lilley of the Planning Department reported that the Planning Staff recommended approval of the permit. Mr. Louis W. Walker of the New Hanover Volunteer Rescue Squad appeared before the Board to request approval. o Mrs. Hoyt moved, seconded by Mr. Flowers, that the Planning Commission adopt the Staff's recommendation for approval of the Special Use Permit. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Flowers, 'Gorham, Hollis, Hoyt, Retchin and Chm. Hicks Comm. Fullwood, Orrell, Sniffen and Waldkirch After the Commission had considered the'following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and <, approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would