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HomeMy WebLinkAbout04171989 (2)PUBLIC HEARING S`CONCERN -PNG- -ZONING DISTRICT CHANGE APPLICATIONS, APRIL 17, 1989 HARNETT COUNTY BOARD OF COMMISSIONERS Lillington, NC 27546 April 17, 1989 7:00 p.m. The Harnett County Board of Commissioners met on Monday, April 17, 1989 at 7:00 p.m. in the County Administration Building at 102 East Front Street in Lillington, North Carolina. Members present were Mr. Lloyd Stewart, Chairman, Mr. Bill Shaw, Vice Chairman, Mr. Rudy Collins, Mr. Mack Reid Hudson, and Mr. Mayo Smith. Also present were Mr. Dallas Pope, County Manager, Greg Wilder, County Planner, Emily Pennington, Recording Secretary, and several citizens of the county representing the Zoning Change applications. CALL TO ORDER Mr. Stewart called the meeting to order and Mack Reid Hudson gave the invocation. Greg Wilder, County Planner, discussed the purpose and procedure of the public hearing. ZONING CHANGE REQUESTS: LEIGH BEADLE 1. Beadle, Leigh, P., From RA -40 Zoning District to Industrial Zoning District, Neill's Creek Township, S.R. 2015 - Greg Wilder discussed the facts of the Beadle Zoning Change request. Mr. Frank Lanier, attorney for Mr. Beadle, spoke first requesting that commissioners Shaw and Collins abstain from voting. Mr. Lanier stated that the two commissioners told him prior to the last meeting that they were going to vote against Mr. Beadle's zoning change request. Mr. Glenn Johnson, County Attorney, told the board that their purpose was to hear testimony. Mr. Lanier stated that the Lees live in Chatham County, and Angier, NC. He also stated that the road would not disrupt the Lee's farming operation. He showed the board pictures of the area, stating that no residents lived on the road. There was one resident living in the woods, but his property could not be seen from the road. He informed the board that no houses could be seen from the proposed site. Mr. Beadle's business was a clean industry and had no run -off. Eight to ten employees work for the industry. Mr. Lanier pointed out that there were both commercial and industrial zoning districts near the area. He mentioned that before the schools were consolidated, two school buses passed on the road each day. Mr. Beadle addressed the board and stated that his industry would have two trucks using the road per week. He also stated that he had been trying for two years to purchase property in Harnett County. Presently, his industry was located in the city of Dunn within 200 years of a residential area and the lease for the property was expiring in February. The Lee Brothers are the adjoining property owners and own tracts of land twice the size of Mr. Beadle's. He stated that the Lee family sold the gravel rights with no concern for the preservation of the land. Following are two employees of Mr.- Beadle's who spoke in favor of the request: 1. Donald West 2. Floyd West Jim Johnson, attorney for the opposition, addressed the board and presented a petition of 13 names opposing the zoning change request. Following is a list of those property owner: 1. Rose Barefoot 2. Jackie Barefoot 3. Beverly Norris 4. Mermon Norris 5. Walter Smith 6. Jimmy Smith 7. Donald Lee 8. Judy Reising 9. Dewey Lee 10 Benny Lee 11 Johnny Lee 12 Nita Lee Ghohizadet 13 Rachel Lee 33' 4 Mr. Johnson felt the zoning change request constituted spot zoning and that'the zoning change would not benefit the local area or residents. He also was concerned about future traffic on the road. Mr. Johnson alluded to Mr. Lanier's earlier statement that no one lived on the road and then requested Rose Barefoot to state where she lived. She stated that she lives off the road and uses the road for ingress and egress to her property. Two property owners spoke in opposition to the zoning change request. Benny Lee stated that he was concerned about the condition of the road. He mentioned that five families used the road. The.closest water line is located approximately 1 1/2 miles'from the property and the gravel road would be torn up getting water to the property. He mentioned that his father had some bad years farming and had borrowed money from Becker Sand and Gravel but, has repaid the loan with interest. Denny Lee stated that the road was not safe and that trucks seldom travel down the road. Frank Lanier restated his earlier comment about property owners living on the state road. He also mentioned the benefit of the property being zoned industrial and being near the airport. Floyd West told the board that the Lee's had trucks which also used the road and were parked on the road at that moment. He .thought that the road .belonged to all the taxpayers. Denny Lee stated that the noisy tractor trailers would inconvenience the property owners in the area. Mr. Stewart closed the Beadle public hearing. GLOVER SALES, INC.2. Glover Sales, Inc. From Industrial Zoning District to RA -30 Zoning District, Averasboro Township, S.R. 1810 and S.R. 1805 - Greg Wilder discussed the facts of the Glover Sales Inc. Zoning Change Request. Billy Glover represented the application. There was no opposition to the request. Mr. Stewart closed the Glover Sales, Inc. public hearing. GENE WESTBROOK 3. Westbrook, Gene, From RA -30 Zoning District to Commercial Zoning District, Grove Township, S.R. 1559 - Greg Wilder discussed the facts of the application. Gene Westbrook was present at the meeting. There was no opposition to the request. ADJOURNMENT Mr. Stewart closed the Westbrook public hearing. There being no further business, the public hearings were adjourned at 9;30 p.m. Stewart, Chairman .$. Setitthmi Kay S Blanchard, Recording Secretary Vanessa W. Young, Cle'k to e Board 335 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17, 1989 CALL TO ORDER FIRE SUPPORT FOR NORTHWEST AREA TRANSPORTATION DEV. PLAN CHANGE The Harnett County Board of Commissioners met in regular session on Monday, April 17, 1989, in the County Office Building, Lillington, North Carolina, with the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart, presiding. Others present were Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; Vanessa W. Young, Clerk to the Board; and Kay S. Blanchard, Recording Secre- tary. Chairman Stewart called the meeting to order at 8:30 p.m. Commissioner Hudson offered the invocation. Commissioner Collins moved for the approval of the minutes from the regular meeting on April 3, 1989. Commissioner Smith seconded the motion and it passed with a unanimous vote. Thomas Moore, Troy Matthews, and Tyree Senter, a three -man committee repre- senting citizens of the Northwest Harnett area, briefed the Board concerning fire support for Northwest Harnett area and requested meeting with County Commissioners, County Attorney, and County Manager. Jerry Blanchard, Director of Transportation and Procurement, presented for consideration a change in the Transportation Development Plan. Commissioner Shaw moved that Table 46, Summary of Current Vehicle Inventory, and Table 47, Vehicle Replacement /Rebuilding Schedule, be amended to reflect the current status of vehicles included in the Harnett County Transportation Development Plan approved by the Harnett County Board of Commissioners on February 15, 1988. Commissioner Collins seconded the motion and it was unanimously ap- proved. ZONING ORD. TEXT Greg Wilder, Planner, presented resolution concerning zoning ordinance text CHANGE change. Commissioner Hudson moved for the adoption of the zoning ordinance text change amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. The subdivision regulations amendment is copied in full in the Harnett County Ordinance Book, page 129. ZONING DISTRICT Greg Wilder, Planner, presented for consideration the following applications CHANGE APPLI. for zoning district change: 1. Beadle, Leigh, from RA -40 Zoning District to Industrial Zoning District, Neill's Creek Township, SR 2015. Request denied for lack of motion. 2. Glover Sales, Inc., from Industrial Zoning District to RA -30 Zoning District, Averasboro Township, SR 1810 and SR 1805. Commissioner Smith moved that the zoning change be approved. Commissioner Shaw seconded the motion and it passed with a unanimous vote. 3. Westbrook, Gene, from RA -30 Zoning District to Commercial Zoning District, Grove Township, SR 1559. Commissioner Hudson moved that the zoning change request be denied. Commissioner Smith seconded the motion and it passed with the following vote: Ayes - Commissioners Smith, Shaw, Stewart, and Hudson Noes - Commissioner Collins SUBDIVISION PLAT Greg Wilder, Planner, presented a subdivision plat for 8 lots, RA -30, owned by FRED WAGSTAFF Fred Wagstaff, located in Buckhorn Township on SR 1406. Commissioner Collins moved that the Fred Wagstaff subdivision plat be returned to the owner because of incomplete information contained on submitted plat and that upon correction by the owner, subdivision plat be returned to the Board for further consi- deration. Commissioner Smith seconded the motion and it passed with a unan- imous vote. TIMBERCREEK STUDEBAKER CROSSROADS Greg Wilder, Planner, presented a subdivision plat for Timbercreek Sub- division, 4 lots, RA -30, owned by Fred Wagstaff, located in Buckhorn Township on SR 1406. Commissioner Collins moved for the approval of the subdivision plat. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, introduced a resolution naming the inter- section of SR 1446 and SR 1415 "Studebaker Crossroads ". Commissioner Collins moved for the adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated April 17, 1989, as Document No. 1. RESOL. RE: Dallas H. Pope, County Manager, introduced a resolution seeking assistance OPTION SALES TAX from legislative representatives on providing counties with an option sales tax. Commissioner Hudson moved for the adoption of the resolution. Commis- sioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated April 17, 1989, as Document No. 2. 336 PROPERTY TRANSFER FROM BD. OF ED. TO NORTHWEST W & S CCCC ANNUAL - REPORT W. Glenn Johnson, County Attorney, presented a resolution authorizing transfer of property from Harnett County Board of Education to Northwest Water and Sewer District. Commissioner Smith moved for the adoption of the resolution. Commissioner Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated April 17, 1989, as Document No. 3. Dr. Marvin Joyner, President, Central Carolina Community College, presented the Annual Report from Central Carolina Community College in accordance with agreement between Central Carolina Community College and Harnett County. DEPT. REPORTS Dallas H. Pope, County Manager, presented reports for the month of April 1989, for the following departments: A. Planning & Development B. Social Services C. Health Department D. Emergency Medical Services E. Agriculture Extension F. Veterans Service G. Library BUDGET AMENDMENTSDallas H. Pope, County Manager, requested the following budget amendment for the Board of Elections: 10- 4300 -012 10- 4300 -014 10- 4300 -016 10- 4300 -074 Printing & Binding Travel & Meetings Maintenance & Repair, Equip. Capital Outlay, Equip. 900. decrease 1,000. increase 900. increase 1,000. decrease Commissioner Smith moved for the approval of the budget amendment. Commis- sioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Division of Soil & Water: 10- 6700 -014 10- 6700 -033 10- 6700 -057 10- 6700 -074 Travel & Meetings Materials & Supplies Miscellaneous Expense, Capital Outlay, Equip. 600. decrease 400. decrease 15. decrease 1,015. increase Commissioner Shaw moved for the approval of the budget amendment. Commis- sioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Public Buildings: 10 -5000 -011 Telephone & Postage 5,000. increase 10- 8800 -160 Contingency 5,000. decrease Commissioner Shaw moved for the approval of the budget amendment. Commis- sioner Smith seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the South Central Water & Sewer District, Phase I: 36- 4100 -002 36- 4100 -003 36- 4100 -004 36- 4100 -005 36- 4100 -020 36- 4100 -080 Contract I- Jackson Const. 31,922. decrease Contract II- Jackson Const. 279. decrease Contract III - Jackson Const. 273. decrease Contract IV Kinsey 1. decrease Legal & Administration 6,631. increase Contingency 25,844. increase Commissioner Smith moved for the approval of the budget amendment. Commis- sioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Jail: 10- 5120 -013 10 -5120 -036 10 -5120 -045 10- 5120 -054 10 -5120 -057 Utilities Uniforms Contracted Services Insurance & Bonds Miscellaneous Expense 7,500. increase 500. increase 2,000. decrease. 650. increase 500. decrease Commissioner Collins moved for the approval of the budget amendment. Commis- sioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Transportation and Procurement: 10 -5550 -011 Telephone & Postage 800. increase 10- 5550 -013 Utilities 1,000. increase 337 ADJOURNMENT DOCUMENT NO. 1. Commissioner Smith moved for the approval of the budget amendment. Commis- sioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Central Carolina Community College - Harnett County Campus: 10- 7100 -011 Telephone & Postage 3,000. increase Commissioner Shaw moved for the approval of the budget amendment. Commis- sioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the the Register of Deeds: 10- 4800 -011 10- 8800 -160 10- 4800 -009 10- 4800 -045 following budget amendment for Telephone & Postage 3,000. increase Contingency 3,000. decrease Other Fringe Benefits 2,500. increase Contracted Services 43,500. increase Commissioner Hudson moved for the approval of the budget amendment. Commis- sioner Smith seconded the motion and it passed with a unanimous vote. There being no further business, the Harnett County Board of Commissioners regular meeting of April 17, 1989, duly adjourned at 10 p.m. HARNETT COUNTY, NORTH CAROLINA fir' Loyd G. Stewart, airman gat 1. Side id Kay S.,{Blanchard, Recording Secretary Vanessa W. Young, Cler 4to thetsoard RESOLUTION THAT, WHEREAS, the Rawls Church Community has petitioned the Harnett County Board of Commissioners to assist them in naming the intersection of SR 1446 and SR 1415, Studebaker Crossroads; and WHEREAS, the citizens of the community believe that the naming of the intersection, Studebaker Crossroads will enhance their community; and WHEREAS, the name Studebaker Crossroads will give their community an identity which the citizens of the community will be proud to display. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that the North Carolina Department of Transportation shall be, and it is hereby, requested to dedicate the intersection of SR 1446 and SR 1415, "Studebaker Crossroads ", that such intersection once so dedicated be appropriately marked, and that a copy of this resolution be spread upon the minutes of the meeting of the Harnett County Board of Commissioners at which it is adopted. Duly adopted this the Seventeenth Day of April, Nineteen Hundred and Eighty -nine. HARNETT COUNTY BOARD OF COMMISSIONERS 2 338 DOCUMENT NO. 2 DOCUMENT NO, 3. HARNETT COUNTY, NORTH CAROLINA RESOLUTION 'THAT, WHEREAS; the Harnett County Board of Commissioners is actively seeking new sources of revenue to meet the current and future needs of Harnett County; and WHEREAS,".Harnett County has lost major sources of revenue through Federal and State Legislative actions during. the past several years; and WHEREAS, mandated programs such as the-State Basic Education Program which generated a requirement for over thirty million dollars in immediate new school construction requirements, and the:'Federal Bocial Services Programs '(Social. Services Reform' Act), has increased requirements of over five hundred thousand` dollars which are all new requirements;' and - WHEREAS, these have been adjustments for some revenue sources for Local Governments during the past few years, but increased expenditure requirements in the upcoming fiscal year are far in excess of available revenue resources; and WHEREAS-, the need for revenue sources by Local Government is a need that exists for counties across the State and has been identified by the North Carolina. Association of County Commissioners as the number one need for County Government; and WHEREAS, - an optional sales tax authorization for counties should be approved during the current Legislative Session. NOW, THEREFORE, BE IT RESOLVED by the Board - of Commissioners of the County of Harnett, that the current session of the North. Carolina Legislature shall be, and it is hereby, requested to increase the sales tax authorization for counties with an implementation date of July, 1989, and that a copy of tliia resolution be spread -upon -the minutes -af -the meeting of Harnett County. Board of Commissioners. Duly adopted this the Seventeenth Day of April, Nineteen Hundred and Eighty-nine. NORTH CAROLINA, HARNETT COUNTY. HARNETT COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING TRANSFER OF PROPERTY THAT, WHEREAS the Harnett County Board of Education desires to transfer to the Northwest Water and Sewer District of Harnett County a parcel of real estate containing .079 acres, more or less, as described on the proposed deed, copy of which is attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, the laws of the State of North Carolina require that the County of Harnett be given the opportunity to acquire any real property which the Harnett County Board of Education desires to convey; and WHEREAS, the Harnett County Board of Commissioners has reviewed the proposed transfer of the subject parcel of real estate and has determined that said transfer would be to the Northwest Water and Sewer District of Harnett County, an entity organized and existing pursuant to Article 6, Chapter 162A of the North Carolina General Statutes; and WHEREAS, said entity provides water and sewer services to a portion of Harnett County and transfer of said property as proposed by the Harnett County Board of Education to the Northwest Water and Sewer District of Harnett County would promote the best interest of the citizens of Harnett County; and WHEREAS, the Harnett County Board of Commissioners has determined that the subject property is not of value to the County of Harnett for any public purpose and that said County should not exercise the right to acquire such property as provided for in G. S. 115C -518: NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that the right of the County of Harnett to acquire the above referenced property in the manner prescribed by the General Statutes of North Carolina shall not be exercised, and that such property shall be and same is hereby released from such right. This 17th day of April, 1989. HARNETT COUNTY OF BOARD OF COMMISSIONERS 339 EXHIBIT A Prepared By: John M. Phelps, II, WOODALL, FELMET a PHELPS, P.A., Post Office Box 39, Lillington, N.C. 27546 Parcel Number: NORTH CAROLINA, DEED HARNETT COUNTY THIS DEED made this 6th day of March, 1989 by and between THE HARNETT COUNTY BOARD OF EDUCATION, a body politic organized and existing under the laws of the State of North Carolina (hereinafter "Grantor ") to the NORTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY, a County water and sewer district duly organized and existing pursuant to Article 6, Chapter 162A.of the North Carolina General Statutes, P.O. Box 759, Lillington, North Carolina 27546, (hereinafter "Grantee ") W I T N E S S E T H: THAT WHEREAS, the Grantee desires to acquire a parcel of real estate for the purpose of erecting a water pumping station and related appurtenances thereon; and WHEREAS, the Grantor desires to convey unto the said Grantee the property herein described for the purpose named, as is authorized by 5160A -274 of the General Statutes of North Carolina. NOW, THEREFORE, Grantor, in consideration of One Dollar and other valuable considerations to it paid by Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents, does grant, bargain, sell and convey unto Grantee in fee simple, all that certain lot or parcel of land lying and being in Hector's Creek Township, Harnett County, North Carolina, and more particularly described as follows: Beginning at a new iron pipe located North 33° 01' 02" West 62.67 feet from an nxisting concrete monument located in the northern margin of the right of way of NCSR No.' 1444 (60' R /W) as shown on the plat referenced hereinpelow; and runs thence from said beginning new iron pipe North 33° 09' 02" West 57.40 feet to a new iron pipe, corns with the property of W. B. Wagstaff and wife, Shirley C . Wagstaff (see Boundary Line Agreement recorded at Book page of the Harnett County Registry); and runs thence as ong,wwith and as the line of Wagstaff South 86° 45' 29" East, 85.38 feet to a new iron pipe in the western margin of the right of way of the Norfolk and Southern Railroad (100' R /W); and runs thence along, with and as the right of way of the Railroad South 12° 27' 50" East 48.00 feet to a new iron pipe; and runs thence along, with and as a new line with the Grantor herein' North 86' 45' 29" West 64.33 feet to the point and place of beginning; and contains approximately .079 acre and is designated as "Tract 'A' - Northwest Water and Sewer District of Harnett County" as shown on a plat entitled "A Survey for Black &'Veatch, Inc." prepared by Fuquay Land Surveying, Inc. and recorded at Plat Cabinet , Slide Harnett County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee, in fee simple. And Grantor, covenants with Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the 'lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Usual utility easements. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its name by the Chairman, of the Harnett County Board of Education and attested by the Secretary to said Board, and sealed with the common seal of said Board, all under authority granted by the Harnett County Board of Education the day and year first above written. HARNETT COUNTY //B /OARD OF EDUCATION Gerald W. Hayes, Chairman of the Boar ATTEST: J No A. Wortman, r. Secretary to th Board 340 South Central Water and Sewer District Special Meeting, April 17, 1989 CALL TO ORDER The Harnett County Board of Commissioners sitting as the governing body of South Central Water and Sewer District met April 17, 1989, in the Harnett County Office Building, Lillington, North Carolina, with the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present were Dallas H. Pope, County Manager; Vanessa W. Young, Clerk to the Board; and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 10 p.m. John M. Phelps, II, advised the Board that it had been anticipated that the closing documents for the Farmers Home Administration Buyback of the South Central Water Bonds would be available tonight. However, the data which our Bond Counsel needs to complete the closing documents is not available. Therefore, the Board is unable to act upon the matter tonight. It is anti- cipated that the documents will be available by April 25. Commissioner Shaw moved that this meeting of the Harnett County Board of Commissioners sitting as the governing body of South Central Water and Sewer District, be adjourned until 9:30 a.m. on Tuesday, April 25, 1989, at which time the Board shall reconvene in the Harnett County Office Building, Lillington, North Carolina for the purpose of considering matters related to the Farmers Home Administration Discount Purchase Program and the adoption of a resolution providing for the sale and issuance water refunding bonds of the District. Commissioner Collins seconded the motion and it passed with a unanimous vote. ADJOURNED UNTIL There being no further business, the Harnett County Board of Commissioners APRIL 25, 1989 sitting as the governing body of South Central Water and Sewer District adjourned until 9:30 a.m. on April 25, 1989. y Jr. cam" Kay S Blanchard, Recording Secretary A Vanessa W. Young, Cle}f]¢ to tje Board