AG 2001 07 23 - Laserfiche WebLink

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139 Mr. Hartsell reviewed General Statute I15C-518, "Disposition of school property; easements and rights-of-way." Be stated the School Board proposed to transfer the small piece of property to the Town to use for a right-of-way for a sewer line in return for certain concessions by Town, specifisally maintenance of the property. Mr. Hartsell also advised that the issue before the Board was whether the Board wants to acquire the School Board property or waive that right. Commissioner Privette presented a n~mber of questions concerning the sewer line serving the school, specifically the agreement between the Cabarrus County Board of Education and Mr. Stallings that restricted connections to the school's sewer line. Mr. Hartsell and Mr. David Williams, Attorney for the School Board, responded to Commissioner Privette's questions. They addressed the legal issues associated with the agreement between the School Board and Mr. Stallings and the Town's ownership of the sewer system. Both advised that the connection to the Town's sewer system would be made at the Town's sewer manhole and there would no connection to the school's sewer line. Therefore, they stated there would be no breach in the contract between Mr. Stallings and the School Board. Mr. James Scarbrough, Attorney representing Mr. Joe Stallings, addressed concerns regarding the Saddle Creek development and asked for the Board to delay its vote on the transfer of the School Board property. He presented pictures of the development and eKpressed Concerns about the safety of the children attending Harrisburg Elementary School. These concerns included the following: (1) Location of a 160,000 gallon water catch basin at the rear of the school and lack of fencing around the catch basin; (2) railroad spurs near the school; (3) noise and air pollution; and (4} uncertainty as to the t~e of development that would occur in Phases 2 and 3 of Saddle Creek. Mr. Scarbrough stated they did make some progress on a nu/nber of issues in a meeting with Mr. Chris Perri; however, he said Mr. Perri did not have the authority to bind Tra~ell Crow on these issues. According to Mr. Scarbrough, there would be no incentive for Trammell Crow to negotiate the issues unless the Board delays its vote. Finally, Mr. Scarbrough asked the Board to hear Dr. Lamar Young concerning the effects the noise from the spur line would have on the children attending Harrisburg Elementary School. The Board did not recognize Or. Young for a presentation. There was discussion by the Board regarding the following items: (1) the issue before the Board of whether the Board wants to acquire the School Board property or waive its right of first refusal; (2) the fact that the Town of Harrisburg, and not Cabarrus County, has jurisdiction on the development and zoning issues concerning Saddle Creek that were outlined by Mr. Scarbrough. A motioo was made by Vice Chairman Carruth and seconded by Chairman Fennel to waive the right of first refusal and let the transfer of property by the Cabarrus County Board of Education to the Town of Harrisburg proceed. A ~ubstitute motion was made by Co~unissioner Privette and seconded by Commissioner Suggs to delay the issue until the meeting on August 20 in hopes that all parties can get together and resolve the remaining concerns. The motion failed with Co~issioners Privette and Suggs voting for and Chairman Fennel, Vice Chairman Carruth and Com~issioner Freeman voting against. UPON ~{OTION of Vice Chairman Carruth, seconded by Chairman Fennel with Vice Chairman Carruth, Chairman Fennel and Commissioner Freeman voting for and Commissioners Privette and Suggs voting against, the Board agreed to waive the right of first refusal and let the transfer of property by the Cabarrus County Board of Education to the Town of Harrisburg proceed. The one-half acre is located on the Harrisburg Elementary School property and described as follows: LYING AND BEING, in Nu~er 1 Township Cabarrus County, North Carolina, adjoining the property of Saddle Creek Corporation, now or formerly (Book 2678 page 194), Doris Borton Hall, now or formerly [Book 2950, page 170) and others, and being more particularly described as follows: BEGINNING, at a set iron pipe corner of Lot 40 Stallings Farms Phase 3 (Map Book 34, page 103]; thence a new line N. 50- 15-08 E. I84.83 feet to a set iron pipe; thence a new line N. 68- 30-59 B. 209.33 feet to a set iron pipe in the line of Saddle