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1973-11-26 Special Meeting~~~ MINUTES OF SPECIAL MEETING, NOVEMBER 26, 1973 ASSEMBLY The New Hanover County Board of Commissioners met in special session on Monday, November 26, 1973, at 8:00 AM in the Assembiy Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners Peter R. Davis; J. M. Hall, Jr~.; W. Douglas Powell; Vivian S. Wright; Chairman M. H. Vaughan; County Manager, Dan W. Eller; County Attorney, James C. Fox; and Clerk to the Board, Lise K. King. Chairman Vaughan called the meeting to order PUBLIC HEARING Chairman Vaughan opened the public hearing to discussion. Public Hearing to consider an application for a Special Use Permit to use property on the north side oY Eastwood Road (U. S. Hwy. 74) between Military Cutoff Road (S. R. 1409) and the Intracoastal Waterway for a Planned Unit Development in Zoning Areas ~k2 and ~k3. Mr. Terry L. Harlacher, Staff Planner, stated that this request had been heard by the Planning Commission at their meeting of November 7, 1973, and that they had recommended that this Special Use Permit be issued based on the plans as submitted with the application. Mr. Cicero Yow, Attorney at Law, appeared hefore the Board with the Petitioner, Mr. Anthony B. Akers. Chairman Vaughan asked if there were anyone present to protest the issuance of this Special Use Permit, and no one spoke in opposition. By common consent, Chairman Vaughan was requested to write the Wilmington City Council requesting the City to consider allowing the effluent from this development to be discharged into the City's Southside sewer plant. After considering the following four items: (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, Commissioner Powell moved, seconded by Commissioner Hall, that this Special Use Permit be issued based on the plans as submitted with the application and that Chairman Vaughan be authorized to sign the final plat. Upon vote, motion carried unanimously. Chairman Vaughan stated, for the record, that he was voting "aye" reluctantly because of the conflicting statements which had been presented. Chairman Vaughan closed the public hearing to discussion. APPROVAL OF AGREEMENT WITH HENRY VON OESON AND ASSOCIATES, INC. Col. Paul S. Denison of Henry von Oeson and Associates, Inc., appeared before the Board to request execution of an Agreement for Professional Services between New Hanover County and Henry von Oeson and Associates, Inc., Consulting Engineers. This item had been continued from the meeting of November 19, 1973, in order to give County Attorney Fox the opportunity to review the agreement. Commissioner Powell moved, seconded by Coumiissioner Hall, that those sections of the agreement which provided the engineering report phase and the general consideration of the contract subject to the approval of the County Attorney and the County Manager be approved. After a brief discussion, Commissioner Powell withdrew this motion and made his motion as follows: Commissioner Powell moved, seconded by Commissioner Hall, that the first two pages of the submitted agreement be approved plus those two sections of the following pages which.the County Manager, County Attorney and County Engineer considered to be applicable to the first two pages but which had no reference to placing the County under obligation for future services. Upon vote, motion carried unanimously. DISCU55ION OF PROPOSED COURTHOUSE Commissioner Davis moved that the Board of Commissioners join in with the Wilmington City Council to have a public hearing•on the proposed courthouse. Motion died for lack of a second. DISCUSSION OF RECREATIONAL FACILITIES Commissioner Powell reported that, in informal discussion with some of the School'~Qard members and representatives of the schools, that they had indicated they would be ~'~~bere to developing some school property in the County for recreational facilities and that he had reviewed three sites. Commissioner Powell was directed to submit a memorandum to the Board on what the cost would be of developing a baseball field, tennis courts, and basketball court. ADJOURNMENT There being no further business to come before the Board, Chairman Vaughan adjourned the meeting at 9:50 AM. Respectfully submitted, ~°-~ .~!`~~ Lise K. King Clerk to the Board k