01051998
839
HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
January 5, 1998
The Harnett County Board of Commissioners met in regular session on Monday,
. January 5, 1998, in the Commissioners Meeting Room, County Administration
Building, 102 East Front Street, Lillington, North Carolina,
Members present: Dan B. Andrews, Chairman
Beatrice Bailey Hill, Vice Chairman
Joseph T. Bowden
Teddy J. Byrd
Walt Titchener
Staff present: Neil Emory, County Manager
Wm. A. (Tony) Wilder, Assistant County Manager
Dwight W. Snow, County Attorney
Vanessa W. Young, Finance Officer
Kay S. Blanchard, Clerk to the Board
Chairman Andrews called the meeting to order at 9:00 a.m. and Commissioner
Byrd led the pledge of allegiance and prayer.
Commissioner Hill moved to approve the agenda as published with the deletion
of a subdivision final plat and approval of a request to move a resolution
accepting gift of real property to the regular agenda. Commissioner Bowden
seconded the motion and it passed unanimously.
Upon motion by Commissioner Hill and seconded by Commissioner Byrd, the Board
unanimously approved the following items on the consent agenda:
1. Minutes, Regular Meeting, December 1, 1997
Special Meeting, December 19, 1997
. 2. Budget Amendments:
1196 Cooperative Extension (Fund 23-AmeriCorps)
Code 23-7307-0030 Salaries & Wages, P.T. 5. decrease
23-7307-0080 Workman's Camp. 8. decrease
23-7307-0100 Employee Training 379. decrease
23-7307-0140 Travel & Meetings 431. decrease
23-7307-0330 Materials & Supplies 40. decrease
23-7307-0530 Dues & Subscriptions 17. decrease
23-7307-1300 Reimbursement of Unspent Grant 880. increase
1198 Public Utilities (Fund 76-Water Plant Expansion)
Code 76-3290-0000 Interest on Investments 45,000. increase
76-3601-0020 Town of Holly Springs 37,816. increase
76-9026-0700 Interest During Construction 82,816. increase
1200 Reqister of Deeds (Fund 10-General)
Code 10-4800-002 Salaries & Wages 5,500. decrease
10-4800-003 Part-Time Salaries 5,500. increase
1202 Industrial Development (Fund 10-General)
10-7250-021 Building & Equipment-Rental 825. increase
10-3990-0000 Fund Balance Appropriated 825. increase
1204 Planninq & Inspections (Fund 10-General)
10-7200-0020 Salaries & Wages 576. decrease
10-7200-0450 Contracted Services 576. increase
1205 Public Utilities (Fund 32-Northeast Water & Sewer District)
Code 32-9001-1574 Advance to Buies Creek Wastewater
. plant Expansion 255,000. increase
32-3990-0000 Fund Balance 255,000. increase
1206 Public Utilities (All Funds)
Code 32-9001-0330 Materials & Supplies 455. increase
33-9002-0330 Materials & Supplies 275. increase
34-9003-0330 850. increase
35-9004-0330 340. increase
36-9005-0330 365. increase
37-9006-0330 995. increase
38-9007-0330 60. increase
39-9008-0330 245. increase
40-9009-0330 405. increase
32-9001-0740 Capi al Outlay 455. decrease
33-9002-0740 Capital Outlay 275. decrease
34-9003-0740 " " 850. decrease
35-9004-0740 " II 340. decrease
36-9005-0740 II " 365. decrease
,~_~ _~"_~~______'_"___'_~~_____r_~_-,.--________"_~_'~__~ -~~~-"---------
( 840
37-9006-0740 " " 995. decrease
38-9007-0740 " II 60. decrease
39-9008-0740 " " 245. decrease
40-9009-0740 " II 405. decrease
1208 Human Resources (Fund 10-General)
Code 10-7401-0740 Capital Outlay 2,366. increase
10-3990-0000 Fund Balance 2,366. increase
1209 Aqinq (Fund 10-General)
Code 10-7721-0140 Travel 500. decrease
10-7721-new Training & Meetings 500. increase
1201 Planninq & Insoections (Fund 62-NCHFA Sinqle Familv Housinal ~
Code 62-9031-0020 Program Support Cost 2,383. decreas
62-9031-0200 Administration Costs 1,429. decrease
62-9031-0010 Rehab of Privately Owned Dwellings 6,612. increase
62-3290-0000 Interest on Investments 2,800. increase
1211 Finance (Fund 10-General)
Code 10-3480-0800 Judicial Advocacy Grant 8,456. increase
10-4100-1511 Rape Crisis Grant 8,456. increase
1213 Administration (Fund 74-Governmental Comolex)
Code 74-9021-0330 Materials & Supplies 4,064. increase
74-9021-0300 Engineering 1,918. decrease
74-9021-0740 Capital Outlay-Furniture 2,146. decrease
74-9021-0200 Legal & Administrative 4,500, increase
74-9021-0220 Architect Fees 1,500. decrease
74-9021-0800 Contingency 3,000. decrease
1215 Sheriff's Deoartment (Fund 10-General)
Code 10-3300-0170 Controlled Substance Tax 99,500. increase
10-5100-0740 Capital Outlay-Equipment 70,151. increase
10-5100-0330 Materials & Supplies 21,829. increase
10-5100-0100 Training/Meetings 820. increase
10-5100-0160 Maintenance & Repair-Equipment 4,200. increase
10-5000-0150 Maintenance & Repair-Buildings 2,500. increase
EAGLE SCOUT 3. Resolution for Eagle Scout Joshua Wesley Robinson (Attachment 1)
4. Tax Refunds (Attachment 2) .
AMEND. TO ROAD 5. Amendment to Road Sign Maintenance contract adopted December 1, 1997, to
SIGN CONTRACT reflect only one name
6. Revision to current schedule for payment of the County's share of a
COUNTY RETIREES retiree's insurance. The change bases the County's rate of participation
INSURANCE upon each year of service rather than on five year increments.
SALARY ADJUST. 7. Salary adjustment for the Social Work Program Manager in the Department of
DSS Social Services to reflect a 10% salary increase
8. Resolutions to the Department of Transportation requesting deletion and
ROADS ADDED & addition of roads (Attachment 3)
DELETED
APPOINTMENTS:
Commissioner Titchener moved for the appointments/reappointments listed below.
APPOINTMENTS Commissioner Bowden seconded the motion and it passed unanimously.
Harnett Count v Public Librarv Board of Trustees
John C. Coley appointed for a 3-year term to expire 01/01/01
Industrial Facilities & Pollution Control Authoritv
Tim McNeill appointed for a 1-year term to expire 12/31/98 (filling
unexpired term of Darrell H. Smith who resigned)
Harnett Count v Planninq Board
Harold T. Butts, Jr. appointed for a 3-year term to expire 12/03/00
Governor's Summit on Volunteerism Deleqation ~
Commissioner Teddy Byrd appointed to replace Commissioner Beatrice Hil
CCCC Harnett Count v Camous Advisorv Committee
Commissioner Joseph Bowden reappointed for a 3-year term to expire
12/31/00
Work First Planninq Committee
Marcus Tart appointed
Chairman Andrews called to order a public hearing on a proposed Community
PUB. HEARING Transportation Program grant application. Ralph Thurman, Transportation
TRAN S. PROG. Manager, explained that consistent with Governor Hunt's transit 2001 goal, a
GRANT APPLI. transportation concept was developed by the North Carolina Department of
Transportation, Public Transportation Division, for rural human service and
general public transportation in North Carolina. The initiative is designed
to meet the varied transportation needs and provide all citizens with a
greater level of mobility options. Presently Harnett County provides
~_._"-
841
tra~sportation services at the discretion ot the human service agencies only,
Cha~rman Andrews opened the meeting for comments from the public. No comments
were offered and Chairman Andrews closed the public hearing. The proposed
grant application will be considered at the next regular Board of
Commissioners meeting.
GOVERNOR'S CRIHE Jane Schumman, Harnett County Schools, reviewed a proposed Governor's Crime
COMM. GRANT APPLI.Comm~ssion.Gra~t application. Ms. Schumman stated that if the grant is
WAYNE AVE. SCH. rece~ved, ~t w~ll be used at Wayne Avenue School in Dunn to implement an
after-school program that will provide classes for those students who have
. b~en identified as having anger management deficiencies. Commissioner
T~tchener moved to approve the proposed grant application. Commissioner
Bowden seconded the motion and it passed unanimously.
CHARLOTTE MANGUM Public hearing on proposed zoning change request for Charlotte Mangum
ZONING P.H. et al (Attachment 4)
REAL PROPERTY Dwight W. Snow, County Attorney, read and presented for the Board's
GIFT FROH W A consideration a resolution to accept a real property gift from W. A. Johnson.
JOHNSON .. Commissioner Byrd moved for adoption of the resolution. Commissioner
Titchener seconded the motion and it passed unanimously. (Attachment 5)
PUB. HEARING ON Cha~rman Andrews called to o:der a ~ublic hearin~ on a proposed Zoning
ZONING ORD Ord~nance text change regard~ng Art~cle VI, Sect~ons 1.2, 2.2, 4.2, 5.2, 6.2,
. and 7.2 was well as Article XV which addresses land clearing and inert debris
TEXT CHANGE landfill. George Jackson, Planning Director, presented the proposed
resolution amending the Zoning Ordinance text and stated that the purpose of
the public hearing was to obtain comments from the public concerning the
proposed amendment. Chairman Andrews opened the meeting for comments,
Comments were received from Chester Bryant who had requested the amendment in
order to obtain local zoning clearance to operate an inert debris landfill.
There being no further comments, Chairman Andrews closed the public hearing.
Commissioner Titchener moved to adopt the resolution with a change of wording
of a phrase in the requirements, section a. - last sentence, from "maintained
in a dust free state at all times.", to "adequately maintained as dust free as
possible." Commissioner Bowden seconded the motion and it passed unanimously,
(Attachment 6)
Chairman Andrews called to order a public hearing on a proposed Zoning
. Ordinance text change regarding Article VII, Section 3. George Jackson,
Planning Director, presented the proposed resolution amending the Zoning
Ordinance text and stated that the purpose of the public hearing was to obtain
comments from the public concerning the proposed amendment. Chairman Andrews
opened the meeting for comments. No comments were offered and Chairman
Andrews closed the public hearing. Commissioner Byrd moved for adoption of
the resolution. commissioner Bowden seconded the motion and it passed
unanimously. (Attachment 7)
HANGAR GROUND Wm. ~. (TO~Y) Wilder, Assistant County Manager, presented for the Bo~rd's
cons~derat~on a hangar ground lease agreement proposal by CD Enterpr~ses, Inc.
LEASE to extend their current agreement to 14 units. Commissioner Titchener moved
for approval of the request. Commissioner Bowden seconded the motion and it
passed unanimously.
PRENATAL HEALTH Neil Emory, County Manager, presented for the Board's consideration a request
CLINIC from the Health Department for authorization to proceed with plans for a
proposed prenatal clinic. Commissioner Titchener moved to authorize the
Health Department to proceed with plans for a prenatal clinic. Commissioner
Hill seconded the motion and it passed unanimously.
Percy Len Ball addressed the Board and requested relief from interest on taxes
PERCY LEN BALL on land he purchased at public auction. Commissioner Byrd moved to deny the
REQUEST FOR RELIEFrequest. Commissioner Bowden seconded the motion and it passed unanimously.
OF INT. ON TAXES
Neil Emory, County Manager, presented for the Board's consideration a
RESOL. TO DISPOSE resolution to dispose of personal property by private sale. Representatives
OF PROPERTY of Gould and Goodrich have contacted the County to express an interest in
purchasing items located in the Boyt Building. Commissioner Bowden moved for
. adoption of the resolution. Commissioner Titchener seconded the motion and it
passed unanimously. (Attachment 8)
Neil Emory, County Manager, briefed the Board that one result of the
BUILDING INSPECT. tremendous growth in the construction of new homes and business facilities our
RECLASSIFICATIONS region is experiencing is an ever increasing demand for experienced building
inspectors. The recent loss of two of our inspectors has required us to
reexamine the County's salary schedule for building inspectors.
Recommendations have been made regarding reclassification of positions and
salary adjustments for current inspectors. Commissioner Bowden moved for the
reclassifications listed below as well as a 15% salary adjustment for current
inspectors. Commissioner Titchener seconded the motion and it passed
unanimously.
_c_____ ~----~~ ._---~-- ._---~--~._--_.--_-- '--'-
f 842
RECLASSIFICATIONS
Ti tle Current Grade New Grade
Code Enforcement Officer I 64 65
Code Enforcement Officer II 65 68
Code Enforcement Officer III 66 69
Code Enforcement Officer IV 67 72
Code Enforcement Officer V 68 73
Chief Code Enforcement Officer 70 74
DSS POSITIONS Neil Emory, County Manager, reported to the Board that the State of North .
Carolina has funded six additional CPS workers for the County as well as 2.4
CPS Supervisors. At this time the Department of Social Services has requested
that these positions be created by the County so that recruitment may begin.
It has been requested that three supervisory positions be created with .6 of
one position being funded by lapsed salaries. Commissioner Bowden moved to
approve the proposed positions contingent upon receipt of funds from the
State. Commissioner Byrd seconded the motion and it passed unanimously.
Reports were filed with the Board from Veterans Services, Emergency Services
and Economic Development Commission.
Neil Emory, County Manager reported on the following items:
l. The new solid waste transfer station at the Dunn-Erwin landfill is
in operation.
2. Improvement to Highway 87 is included in the Transportation
Improvement Plan (TIP) and a group of citizens would like the
time schedule for construction moved up.
3. There are serious concerns regarding rest home care in the
County. It has been suggested that this Board meet with the
Department of Social Services and ensure that adequate care
is being provided for citizens living in rest homes. Disabled
and senior citizens need to be protected.
4. Bids for the Harnett Production Enterprise project will be opened
Tuesday, 01/06/98. .
There being no further business, Commissioner Bowden moved for adjournment.
Commissioner Titchener seconded the motion and it passed unanimously. The
ADJOURNMENT Harnett County Board of Commissioners meeting, January 5, 1998 duly adjourned
at 11:45 AM
/\()~ B, t2L-
Dan B. Andrews, Chairman
K,I ~
Kay . Blanchard, Clerk to the Board
.
8 If;;
Attachment 1.
BOARD OF COMMISSIONERS COUNTY MANAGER'S OFFICE
DAN B. ANDREWS, JR. Chairman NEIL EMORY
BEATRICE B. HILL, Vice-Chainnan WM. A. (TONY) WILDER. Assistalll
. JOSEPH T. BOWDEN
TEDDY BYRD CLERK TO THE BOARD
WALT TrrCHENER KAy S. BLANCHARD
-........-_.
COUNTY OF HARNETT
P.O. BOX 759. LILLINGTON. N.C. 27546
(910) 893-7555. FAX (910) 893-4992
RESOLUTION
Joshua Wesley Robinson
THAT, WHEREAS, the Boy Scouts is an organization which has
long helped shape the lives of young people across America; and
WHEREAS, this organization is dedicated to developing the
future leaders of our communities and our nation; and
WHEREAS, the Boy Scouts recognize their highest achievers by
recognizing them as an Eagle Scout; and
WHEREAS, this award is only presented to those individuals
that demonstrate a commitment to self-improvement as well as
service to their community,
. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board
of Commissioners does hereby recognize Joshua Wesley Robinson and
congratulate him for attaining Eagle Scout.
Duly adopted this 5th day of January, 1998.
HARNETT COUNTY BOARD OF COMMISSIONERS
))~ B. c2-1,.-
Dan B. Andrews, Chairman
~h~/d~ t:/4dJ~~ '
fieaJ;;;;~ ;J:;zy~an
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Teddy ;:r. "'Byrd . \.... Walt' Titchener
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.
Harnell Count\' does not discriminate on the basis of race, color. national origin. sex. religion. age or
disabilil\' in emplo\'menl or th(' nro\'i<;;nn of <;t>r,.;c('s.
- -'~~-'--~-~~-------------~--------------.~...~-.-----~-.---.,---.~------~-" ~- T"-- _~___,_______,
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Attachment 2.
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C:;'" .'i '..'. " 91J___
.J. ' 5 --
MONTHLY REFUND REPORT Datc '--'-. dtA;rd
~J.J2~
/9-Dec-97 VEAR MONTH ..
BILL NUMBER NAME REASON AMOUNT
96570052 ARCH[E L DEAN MOTOR VEHICLE SOLD COUNTYWIDE - 146 X .70 = 1.02 1996 NOVEMBER
RT 2 BOX 113 N HARN F[RE - 146 X .09 = .10
JACKSON ROAD N HARN RESCUE - 146 X .07 = .14
FUQUAY V AR[NA, NC TOTAL AMOUNT TO REFUND - 1.26
27526
96622056 QUINCY MORGAN M[L1TARY EXEMPTION COUNTYWIDE - [0050 X .70 = 70.35 1996 NOVEMBER
18 CA TT[E DRIVE BENHA VEN F[RE - 10050 X .08 = 8.04
CAMERON, NC 28326 BENHA VEN RESC - 10050 X .025 = 2.51
TOTAL AMOUNT TO REFUND - 80.90
9738594 MAD[E L SIMPSON HOUSE BURNED IN 1995 COUNTYWIDE - 55340 X .70 = 387.38 1996 NOVEMBER
2017 GARNETTE PLACE A VERASBORO FIRE - 55340 X .045 =
CHARLOTTE, NC 28216 24.90
A VERASBORO SCHOOL - 55340 X .02 =
11.06
SOLID WASTE FEE - 37.50
TOTAL AMOUNT TO REFUND - 460.84
963628 LAURA BISHOP LISTED AS REAL AND COUNTYWIDE - 14050 X .70 = 98.35 1996 NOVEMBER
PERSONAL COUNTY INTEREST - 3.44
BOONE TRAIL RESCUE - 14050 X .10 =
14.05
BOONE TRAIL INTEREST - .49 .
TOTAL AMOUNT TO REFUND - 116.33
9738826 BILLY RA Y SMITH PROPERTY IS VACANT SOLID WASTE FEE - 37.50 J 997 NOVEMBER
RT 5 BOX 37 TOTAL AMOUNT TO REFUND - 37.50
L1LLlNGTON, NC 27546
96027841 PRENTISS & R MCLEAN BILLED INCORRECTLY COUNTYWIDE - 45080 X .70 = 315.56 1996 NOVEMBER
PO BOX 35 BUNNLEVEL FIRE - 45080 X .11 = 49.58
BUNNLEVEL, NC 28323 TOTAL AMOUNT TO REFUND - 365.14
9693628 LAURA BISHOP PROPERTY WAS DOUBLE COUNTYWIDE - 14050 X .70 = 98.35 1996 NOVEMBER
PO BOX 1083 LISTED BOONE TRAIL FIRE - 14050 X .10 = 14.05
BROADWAY, NC 27505 INTEREST - 3.93
TOTAL AMOUNT TO REFUND - 116.33
96604731 SLADE & A LONG MOTOR VEHICLE WAS COUNTYWIDE - 910 X .70 = 6.37 1996 NOVEMBER
1155 BRADLEY ROAD SOLD SUMMERVILLE FIRE - 910 X .08 =.72
FUQUA Y V ARJNA, NC N HARNETT RESCUE - 910 X .07 = .63
27526-9522 TOTAL AMOUNT TO REFUND -7.72
97502541 ROBERT ALAN SHOBER MILITARY EXEMPTION COUNTYWIDE - 13,450 X .70 = 94.15 1997 NOVEMBER COA TS
RT I BOX 114 GROVE FIRE - 13,450 X .08 = 10.76
COA TS, NC 27521 GROVE RESCUE - 13,450 X .06 = 8.07
COATS CITY STICKER - 5.00
COATS CITY - 13,450 X .71 = 95.50
TOTAL AMOUNT TO REFUND - 213.48
.
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845
Attachment 3.
RESOLUTION
BE IT RESOLVED that the Harnett County Board of
. Commissioners does hereby, by proper execution of this document,
request that the North Carolina Department of Transportation add
to the State's Secondary Road System for maintenance, the below
listed street:
Deer Run Subdivision
Deer Run Court
Adopted this 5th day of January, 1998.
HARNETT COUNTY BOARD OF COMMISSIONERS
~Q~ ~. L~
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Dan B. Andrews, Chairman
ATTEST:
K: L~,6 .&~l'(Ll' fv,. ;-j
. Kay S Blanchard
Clerk to the Board
RESOLUTION
BE IT RESOLVED that the Harnett County Board of
Commissioners does hereby, by proper execution of this document,
request that the North Carolina Department of Transportation
delete from the State's Secondary Road System for maintenance,
the below listed street:
SR 2064 (Anderson Creek School Road) from NC 210 to Y25
Station 6+25, length 0.13 mile
Adopted this 5th day of January, 1998.
HARNETT COUNTY BOARD OF COMMISSIONERS
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~ . --'\....,
Dan B. Andrews, Chairman
ATTEST:
/(".4; . IJ' of ,
~~ . .tt'/;..{.'/l (.I..'a-
Kay ~. Blanchard
Clerk to the Board
846
Attachment 4.
Chairman Andrews called to order a public hearing on a proposed zoning change request for
Charlotte Mangum et aI, from RA-40 to RA-30 Zoning District, SR 1415, Hector's Creek
Township, 151 acres, George Jackson, Planning Director, presented the request and stated that
the purpose of the public hearing was to obtain comments from the public concerning the zoning
change request. George Jackson proceeded to give the Board and the public a history on the
application. The application was initially submitted by Charlotte N. Mangum to change the
zoning classification from RA 40 to RA 30 on just her 45 acre tract. When this application first
went to the Planning Board for its consideration, the Planning Board advised Mrs, Mangum that .
it would probably not look favorably at her application due to factors concerning spot zoning,
Mrs. Mangum was advised that the applicable tract needed to be larger in size and that
neighboring tracts joining in her petition would enhance her petition but that even then there
were no guarantees that the property would be rezoned. Mrs. Mangum convinced three
neighboring property owners to join her petition which increased the requested rezoning area
from 45 to 151 acres. This petition was considered by the Planning Board at its December 2,
1997 meeting. After a public hearing the Planning Board voted 4 to 1 to recommend to the
County Commissioners that the zoning change request be approved. Al Caviness of the Planning
Board voted against the proposal and there were citizens from the community who spoke in
opposition to the request.
Mr. Jackson gave a description of the character of the land in question and the surrounding area.
A colored map showing the property and surrounding property zoning designations was
presented as part of the record which showed the 151 acres bordered by the Wake
County/Harnett County line to the north and then completely surrounded by RA 40 designated
property with the exception of a small business zoned area.
Mr. Jackson pointed out that the petitioned property is also surrounded by current residential
subdivisions located on the eastern and southern boundaries on Purfoy Road and Rawls Church
Road. Even though the petitioned property is not bordered by any RA 30 designated property
the County zoning map which is the comprehensive plan for the County does have RA 30
designated property in the Hectors Creek Township area some of which is depicted on the
petition colored map. A Site and Area Analysis prepared by the Harnett County Planning staff
was also presented as part of the record. At the request of the Board of Commissioners Mr. .
Jackson gave the definitions of the RA 40 and RA 30 zoning designations and he further stated
the permitted and conditional uses allowed under each designation.
Commissioner Andrews then explained the time limits for both sides in the public hearing and
the proponents of the rezoning request were invited to speak first. Attorney Duncan McCormick
of Lillington, N.C. stated that he represented Mrs. Mangum. He stated that the difference
between the RA 40 and RA 30 classifications was not that great, and based upon his client's
development plans, her request when considering all factors was reasonable. He stated that Mrs.
Morgan was interested in developing her 45 acre tract and that the lot frontage requirements for
RA 40 designated property made her development plans less economically feasible. He
submitted that even though he did not know the plans of the other land owners in the 151 acres
that any concerns about manufactured homes depressing property values in the area would be
controlled on a case by case basis by the Board of Adjustment as a conditional use under the RA
30 designation, He further stated that the RA 30 classification did not allow manufactured home
parks.
Mrs. Mangum's surveyor, Wayne Maudin also spoke in favor of the rezoning. He stated that
a good portion of Mrs. Mangum's 45 acre tract was not perkable and therefore she needed the
smaller lot size allowed in RA 30 to make her development plans economically feasible.
Rudolph Walters who owns a tract in the 151 acre petitioned area also spoke in favor of the
petition. He stated that his land is now in farm use but that his son is a developer and if he ever
developed his property he would not downgrade the property with manufactured homes.
Opponents to the petition were then given a chance to speak. Everette Cole and his family .
reside in their property loca[ed in The Oak Creek subdivision which is to the south of the
petition area. Mr. Cole stated that he had invested and come to live in Harnett County to get
away from the congestion of Wake County and was very satisfied with the RA 40 designation
of the area. Mr. Cole further stated that due to the RA 40 classification and the character of
the area which it provided that his property had appreciated in value. Mr. Cole agrees with the
concept of affordable housing, but he feels a lesser grade in the residential zoning classification
in the area would have a negative effect on his property value and the values of those properties
in all the neighboring subdivisions.
Stacy Wilson and her family also reside in the area and she spoke against the petition, She
stated to the Board that there were many residents in the area who were present at the hearing
and opposed to the petition. She further stated that many more residents would have been at the
meeting voicing their opposition to the petition had they received notice as the direct adjoining
property owners did or had this public hearing been held at a night meeting instead of a day
meeting so close to the Christmas holiday Mrs. Wilson did present to the Board a petition
.-...- ._~-"- "--- .
847
containing 60 signatures of people who reside in the neighboring subdivisions to the 151 acre
petition area who are opposed to the rezoning petition. Mrs. Wilson stated that the requested
RA 30 classification would allow smaller sized lots in that area that was already one of the faster
growing areas of Harnett County due to runover development from Wake County. She stated
that the R-\ 40 zoning in this particular area was done for a purpose in that a majority of the
subdivisions in the area were already in existence at the time that zoning went into effect. The
zoning map envisioned RA 40 type uses for this area and she felt that the reasons for this zoning
had not changed enough to support a downgrade to RA 30. Mrs. Wilson concluded that before
. the zoning should change that a more thorough impact study should be made on higher density
living, increased traffic and the burdens on the schools in the area.
Billy Anderson also spoke in opposition to the petition. He owns property in a subdivision just
, across the road from the 151 acre tract. Mr. Anderson is also a contractor who has built houses
in this area all to RA 40 standards. Mr. Anderson stated that 50% or more of the residential
property in the area met RA 40 standards even before zoning went into effect. This shows the
nature of the area and he feels that is why the zoning planners designated this area as RA 40 in
the first place. Anderson further stated that due to the uses allowed under RA 30 that the value
of the houses that he has built in the area would go down and that RA 40 type development in
the area would be negatively affected.
With the time limits for both sides having elapsed, Commissioner Andrews stated that he would
call the public hearing to a close. Attorney McCormick asked that a draft of some prospective
protective covenants for Mrs. Mangum's subdivision be added to the record. When asked by
the Board whether to consider such a document County Attorney Dwight W. Snow stated that
the Board should base its decision on all uses permitted under each zoning classification and
should not base their decision on proposed use agreements by the petitioner because that could
be perceived as contract zoning. Commissioner Andrews closed the public hearing.
Commissioner Andrews stated that he was very familiar with the area in question since it was
located within his district. He stated that there were some very nice homes and RA 40 type
subdivisions in the area and that zoning should protect people's investment in that area. He felt
that the original RA 40 designation was placed in this area for a purpose and that the
. circumstances had not changed enough to justify a switch in the zoning from RA 40 to RA 30.
While Commissioner Andrews understood and sympathized with Mrs, Mangum's position, he
felt that by looking at all the factors and comments made that a change in the zoning would harm
the surrounding neighbors and the zoning should stay the same.
Commissioner Byrd stated that this was a very tough decision. That he feels zoning is good but
at the same time should be as unrestrictive as possible while maintaining control of development.
Even though the Planning Board vote was not unanimous he stated that he would go with their
recommendation and vote for the change to RA 30.
There being no further comment Commissioner Titchener moved to deny the zoning change
request for Charlotte Mangum et al. Commissioner Bowden seconded the motion and it passed
4 to 1 with Commissioner Byrd casting the dissenting vote.
.
848
Attachment 5.
RESOLUTION TO ACCEPT
REAL PROPERTY GIFT FROM W. A, JOHNSON
WHEREAS, W. A. Johnson was the titled owner of certain real property tracts located .
in the Town of Lillington, Harnett County, N,C. which are contiguous to real property owned
by the County of Harnett and on which the main Harnett County Public Library is located; and
WHEREAS, W. A. Johnson expressed a desire to make a charitable gift of this real
property to the County of Harnett in loving memory of his late wife, Mildred Marshbanks
Johnson, on the condition that said real property be used for Harnett County Public Library
purposes; that pursuant to said charitable gift intent, W. A. Johnson executed and delivered a
Deed dated December 29, 1997 which conveyed said real property to the County of Harnett
which Deed was accepted by Harnett County and recorded on December 29, 1997 in Book 1243,
Pages 199-200, Harnett County Registry; that a copy of the recorded Deed is attached hereto
as Exhibit "A"; and
WHEREAS, through this Resolution the Harnett County Board of Commissioners wishes
to accept this gift and express its gratitude to W. A. Johnson for his benevolent good will. .
NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of
Commissioners has accepted and does hereby accept from W. A, Johnson as a charitable gift
those real property tracts described in that Deed dated December 29, 1997 and recorded in Book
1243, Pages 199-200 Harnett County Registry subject to the reverter condition as contained in
said Deed, and the Board further expresses its gratitude on behalf of all the citizens of Harnett
County to W. A. Johnson for this gift.
This Resolution is adopted unanimously by the Board of Commissioners on January 5,
1998 and is retroactively effective as of the date of gift Deed transfer on December 29, 1997.
HARNETT COUNTY BOARD OF COMMISSIONERS
.&~ B.~
Dan B. Andrews, Chairman .
ATTEST:
~;?{Jvt~ _
K~ ,J, M~l1r.Jrri
Kay . Blanchard eatrice B. Hill, Vice Chairman
Clerk to the Board
L/~. %-v(A/~~~ '
VJosepn T. Bowden
ldttBJ
eddy J. ByicU -. 1
j~w j-- A~_
Walt Titchener I
849
. EXHIBIT "A" FILE::
saoK'~~PAGE~~J\CG
I? DEe 29 fA 3 18'
'c~, ;!.~"'j w.-...
Prepared by: W A. Johnson, Attorney at Law, P O. Box 69. Lillington. RE:~27S~~ or ~EED5
PARCEL ID NO. IC~OIiSQ:-I'~~Pfy. NC
NORTH CAROLINA
QIH:,!2
HAIl'l.ETT COUNTY.
THIS DEED. Made and entered into this 29th day of Deccmbcr, ;997, by and between
W A JOHNSON, unmarried, Post Office Box 69, Lillington, Nonh Carolina 27546, grantor.
and COU~'TY OF HARNETT, a body politic, LilIington, Nonh Carolinil 27546. grantee:
~!IME.sS.EIH :
That the grantor has donated and by these presents does hereby donate, gran!. bargain.
sell and convey unto the grantee, 3ubject to the herein set fonh terms and conditions. those
ceruin tracts or parcels oflalld situate and being in the Town of Lillington. Lillington Township.
Harnett County, \/Ortl1 Carolina. and described as follows.
. FIRST -mAcr' BEGIN'-JrNG at a point in the ea~ttM tight of way of U S
Highw:\)I 401, being in the northeast cOiner of the intersectJon ofU, S. Highway 40 I
and F-3.~l Hamerr Street; lhence with the eastern right of way ofU. S, Hil!hway 401.
North 210 )' East 70 ft. to a corner with Wilburn (sometimes referred to as
Wilb(,'ume) prC'rl'ny; then<:e with Wilhurn (!IOmeti"'e~ referred to as Wilhourne)
propcny South 6S" 30' East 12!U1 ft.; thence South 21" OJ' West 70 ft.: thence
North 680 30' West 129.42 ft. to the BEGINNING. according to a survey dated July,
1974. b,; George L. lotto Registered Surveyor, and recorded in Plat Cabinet B. Slide
182, Registry of Harnett County For reference. see deeds recorded in Book 614,
Pagf' 21: Book 389, Page 506, Book 387, Page 634; Book 387, Page 632 and Plat
Catmel A Slide 130, Harnett County Registry.
~~ I r II ,~nd being the ,aIm: lands conveyed to W. A. Johnson by David F, McRae,
AdlTlinislrator erA of the E:ltate oflames F. Penny. Deceased. et a1s, by deed dated
. .1 , ;(6' Au~>ust 5. 1997, and recorded in Book 1240, at Page 833. Harnett County RegiStrY
~
I , SECOND TRACT. BEGINNING at a point in the right of way of U S. Hishway
,<:I:; ~ : 4D I, being an old iron in East Harnett Street; thence Nonh 2] 0 3' East 5 ft. to the
: ' j
jC. I southwest comer ofB)ro propert)~ thence South 680 30' Eut 101.72 ft. to a point in
./~ :! j
, 'I I ' East Harnett Street; thenee South 210 0 I' West 5 ft, to a point in Byrd boundary;
:.1ft I I ~ thence North 66030' West 101. 7J ft, to the BEGINNING. being a strip ofpropeny
S ft by 101. 73 ft in the margin of East Harnett Street, and for II more panicullil
--,-......._J description see that area marked "sidewalk" set forth in a map and plat by GCQr~ L,
Lott. Surveyor. rer<lrded in Plat Cabinet S, Slide 182. Registry ofHamett County.
For reference, see Book 614, Page 22, Harnett County Registry.
And bemg the i3ITle lands com'eyed to W. A. Johnson by David F. McRae,
Administrator CT A of the Estate oflame~ F. Penny. Deceased. et Ills.. by deed dated
.I.ugust 5. 1997, and recorded in Book 1240, at Page 830, Harnett County Registry.
. I
~-~'-----~~-~-----_._~_._..~".- ~"-.~~~------~ ~,------~---------------._-,.,,-~~---- ~----~-
i 850
- -- -.-
The above-described lands are conveyed to the CQunty of Hamett for so iong as said
lands are used for Harnett Ccunty Public Library purposes, and upon 5aid land!. ('~ .
any portion thereof. ceasing to be used for that purpose the property is to revert to
W A. Johnson and his heirs and assigns.
TO HAVE AND TO HOLD the above-described lands and all privileges and
appunenances thereunto belonging, unto the grantee for so long as said lands are used for
Harnett County Public Library purposes. and upon said land5. or llny portion thereof. ceasing to
be used for that purpose the property is to revert to W A Johnson and his heirs and assigns
And the grantor, for himsea; his heirs, executors and administrators covenatlts with the
grantee. its succes,ors and assigns. that he is seized of said premises in fee and has the right to
convey the same 10 fee simple. thllt the same are free and clear from aI! ellcumbrances ami that
he does h€reby forever warrant and will forl:....er defend the title to the same against the claims of
all persons whomsoever
IN WITl"ESS WHEREOF, the grantor has hereunto set his hand and seal the day and
year first above written,
/( ~-l'
L. .:. J' I 'I. L.,_'5/:' r (SEAL)
W. A Johnson
NORTH CAROLINA, .
HAR. "lETf COUNTY
I. a Notary Public in and for the aforesaid Stale and County. do hereby certify that \1,-'. A
John~on. unmarried. personally appeared before me this day and Acknowledged the due
execution of the foregoing instrument.
Witness my hand and rltl18rial seal this .~;;i J h day of December. 1997
'1 .' j :.- .'
..
, '. .......... , J.
Notary Public
My Commi~sjon ElCpires: .......;./ .A/"}.!.:
(N P Seal) Karen M. Byrd h.... .
NOT.AllY PUB~IC ~~~::; .",." -. .1_ ~-iE~
lIARNm r.cu~m. N, C.
':- "I....
,'\:" .,. " . ,', .~'1 ~'J'" \~~_~\:O
';\C4. .;..~~_.. ._ .;C1~
2.' ?J.~..:.,...' "~'.'.'~.~.~~S,~
~~,."".,........_'~r.I"Y
.J(.ll~'"'iU~ ,\i"I'D .r(Jtl~.""II:-:. I...... '\'I"T:' 4:'-;",\':- \"1' L.\\\
.
------~"~-"~- - ~ -,~~~~~--- . .. .. -
t 851
Attachment 6.
HARNETT COUNTY
NORTH CAROLINA
A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE TEXT
WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18. 1988 for the
purpose of promoting the health. safety, and general welfare of the county residents; and
WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North
Carolina, panicularly G.S, 153A-340; and
. WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been
followed; and
WHEREAS. the Harnett County Planning Board has reviewed the proposed additions to Article VI. Sections 1.2,
2.2, 4.2, 5.2. 6.2, and 7.2, as well as Article XV of the Zoning Ordinance and recommends the adoption of die
following amendment.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY,
NORTH CAROLINA that Article VI, Section 1.2, 2.2, 4.2, 5.2, 6.2, and 7,2 and Anicle XV of the Zoning
Ordinance be amended by adding the following text to Article VI, Section 1.2(N), 2.2(J), 4.2(M). 5.2(S), 6.2(P), and
7.2(R). as well as adding the definitions below to Anicle XV:
Land Clearing and Inen Debris Landfill (LCID Landfill). subject to the following requirements:
a. Size Requirement: No minimwn size requirement.
b. Access: Access to a LCID Landfill must be from a road that is a State Department of
Transportation maintained road or a private road. if it has a right-of-way width of at least
thiny (30) feet and a travel-way width of not less than twenty (20) feet. Any access that
does not abut one of the above roads. entrances, etc. must also have a right-of-way widdl
of not less than thiny (30) feet and a travel-way width of twenty (20) feet. The travel-
way shall be constructed with five (5) inches of aggregate base coarse, compacted, and
adequately maintained in a dust free state at all times.
c. Buffer: A densely planted vegetative or dense natural vegetative strip or a combination
of the two that is not less than twenty (20) feet in width of continuous evergreen or
deciduous composition, consisting of trees. or shrubsnative to the area. which must not
be less than six (6) feet in height within one (1) year, shall be provided along the
perinleter of the dwnp site (except for an ingress or egress that shall not be more dUJIl
thirty (30) feet in width). The planted and/or natural buffer must be maintained
. in a natural living condition at all times by the property owner(s) or leasor(s).
d. Site Plan required showing:
(1) Names and addresses of property owners. operators. or developers
(2) Date, scale, and approximate north arrow
(3) Boundaries, scale, and approximate dimensions and bearings
(4) Show buffers and ingress/egress, and any other information pertinent to
the parcel
(5) Vicinity map
(6) If the application is for an expansion, show the size and location of any
existing area being operated as a LCID Landfill
(7) Any existing buildings on the property, as well as any existing land
uses
(8) A Driveway Pennit issued by the North Carolina Deparonent of
Transportation as to their approval must be received before the
Conditional Use Pennit is officially released
(9) A Permit or Certification from the North Carolina Department of
Environment. Health and Natural Resources Solid Waste Section
must be received before the Conditional Use Permit is officially
released
A survey map may be used as a base map for the site plan.
The following definitions are to be added, in alphabetical order with the existing definitions, to Article XV
Definitions:
Land Clearing and Inert Dehris Landfill (Lcm LamJ.fiill- A lot. plot, parcel, area. or facility for the land
disposal of land clearing waste. concrete, brick. concrete block, uncontaminated soil, gravel and rock,
untreated and unpainted wood. and yard trash by burying and covering with soil. This definition does not
. include the placing of any Land Clearing or Inert Debris materials on a lot, plot, or parcel that was
generated on, or came from the property on which it was placed, by the owner of the propeny. See
definition of Land Clearing Waste and Yard Trash.
LaJKI Clearinl' w~ - Solid waste that is generated solely from land clearing activities such as srumps,
trees, limbs. brush, grass, and other naturally occurring vegetative material.
Yard Trash - Solid waste resulting from 1:~l1flscaping and yardmaintenance such as brush. grass, tree limhs.
shrubbery, leaves, and similar vegetative material.
Duly adopted this 5th day of January. Nineteen Hundred and Ninety Eight and effective upon adoption.
HARNETT COUNTY BOARD OF COM~ ATTEST:
A~ /J 2l~ Ka~~:i~rf-~oJtd
DAN B. ANDREWS
CHAIRMAN Clerk to the Board
---~. - --- --- __ __--_______~c___ __ ___.__.
( 852
Attachment 7..
HARNEIT COUNTY .
NORTH CAROLINA A RESOLUTION AMENDING THE HARNEIT COUNTY ZONING ORDINANCE TEXT
WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988 for the
purpose of promoting the health, safety, and general welfare of the county residents; and
WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North
Carolina, particularly G.S. 153A-340; and
WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been
followed; and
WHEREAS, the Harnett County Planning Board has reviewed Article VII, Section 3.0, 3.1. 3.2, 3.3, 3.4, 3.5, 3.6,
and 3.7 of the Zoning Ordinance and recommends the adoption of the following amendment.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNEIT COUNTY,
NORTH CAROLINA that Article VII, Section 3.0, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, and 3.7 of the Zoning Ordinance be
amended by deleting Sections 3,1,3.2.3.3,3.4.3.5,3.6, and 3.7 and adding the new text as follows:
3.1 The requested use will not impair the integrity or character of the surrounding area.
3.2 The requested use willllOt be detrimental to the public health, morals, or welfare.
3.3 Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been .
made or are being provided.
3.4 That adequate measures have been or will be taken to provide ingress and egress so designed as to
minin1ize traffic congestion in the public streets.
3,5 111at the conditional use shall, in all other respects, confonn to the applicable regulations of the
district in which it is located, except as such regulations may, in each instance, be modified by the
Board of Adjustment.
Duly adopted this 5th day of January, Nineteen Hundred and Ninety Eight and effective upon adoption.
HARNEIT COUNTY BOARD OF COMMISSIONERS
A9~ II 2L~
DAN B. ANDREWS
CHAIRMAN
AITEST:
Ka~~l~~~
Clerk to the Board .
"
_~~L"______~~ _____,~.~ _. .
853
Attachment 8.
RESOLUTION TO DISPOSE
OF PERSONAL PROPERTY BY PRIVATE SALE
. WHEREAS, the County of Harnett has in its possession certain personal property surplus
items which it desires to dispose of by private negotiation and sale; that said personal property
items as hereinafter listed have a value of less than Ten Thousand Dollars ($10,000.00); and
WHEREAS, pursuant to the provisions ofN. C. General Statutes g153A-176 and g160A-
266 et seq, the Harnett County Board of Commissioners hereby authorizes the Harnett County
Manager to dispose of the following described personal property by private sale at a negotiated
price:
3 metal rollers and heating element for rolling machine
1 fabric cutter machine head
1 fabric strip cutter machine, top only
1 hot-melt glue pot
11 used metal operator's chairs
3 homemade rolling metal racks
4 homemade wooden rolling racks/horses
3 homemade perforated metal racks
1 box stamped metal handle parts
. 10 rolls misc, fabric samples
10 canvas side stock hampers
Assorted used metal cutting dies for luggage parts
NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of
Commissioners does hereby authorize the Harnett County Manager to dispose of those personal
pmperty surplus items hereinabove described by private sale at a negotiated price acceptable to
the County Manager.
BE IT FURTHER RESOLVED that this Resolution be published once after its adoption
and that no sale shall be consummated thereunder until ten (10) days after its publication.
Duly adopted this the 5th day of January, 1998, upon motion by Commissioner
Joseph Bowden , seconded by Commissioner Walt Titchener ,and
adopted by a unanimous vote.
. HARNETT COUNTY BOARD OF COMMISSIONERS
By: ~~ d C:U~J'
Dan B. Andrews, Chainnan
ATTEST:
, '/
.KCli- \ .J .1&l,lt!./; a If
Kay S. Blanchard
Clerk to thf: Board