REGULAR MEETING SEPTEMBER 10, 2001 A regular meeting of the Nash County Board of Commissioners was held at 10AM, September 10, 2001, in the Commissioners Room at the Nash County Administration Building in Nashville, NC. Present were Chairman J. Claude Mayo, Jr. and Commissioners Jay Alford, Fred Belfield, Tommy May, Billy Morgan and Lou Richardson. Mr. Randy Stewart was absent. Also present were Vince Durham, Wayne Deal, Bob Murphy, Lynne Anderson, Rosemary Dorsey, John Ross, Tom Murphy, Ken Ripley, Laura Keeter, Linda Aycock, Stacie Nelson, Bill Hill, Sheriff Jimmy Grimes, Brian Brantley and Jeremy Stratton. Chairman Mayo called the meeting to order and called on Lou M. Richardson for a prayer. Chairman Mayo asked the board to consider approving the minutes. On motion of Tommy May, seconded by Billy Morgan and duly passed that the minutes be approved. Mr. David Shelton, President of the Nash County Fire and Rescue Association, presented Mr. Wayne Deal, former County Manager, a plaque in appreciation of his service to their organization. Ms. Rosemary Dorsey, Planning Director, presented a rezoning request by Nash Community College to rezone 9.12 acres from GC (General Commercial) to OI (Office & Institutional) located on the west side of SR 1603 (North Old Carriage Rd.) at 64-Bypass. She stated that the Planning Board unanimously recommended approval of the rezoning. She requested a public hearing to consider the request. On motion of Tommy May, seconded by Fred Belfield and duly passed that the board go into a public hearing to consider the rezoning request. No one spoke during the public hearing. On motion of Lou M. Richardson, seconded by Fred Belfield and duly passed that the public hearing adjourn. On motion of Billy Morgan, seconded by Fred Belfield and duly passed that the following resolution authorizing a rezoning from GC (General Commercial) to OI (Office and Institutional) for 9.12 acres located on the west side of SR 1603 (North Old Carriage Road) be adopted. A RESOLUTION AUTHORIZING A REZONING FROM GC (General Commercial) TO OI (Office and Institutional) FOR 9.12 ACRES LOCATED ON THE WEST SIDE OF SR 1603 (NORTH OLD CARRIAGE ROAD) Whereas, the Nash County Planning Board made a favorable recommendation on its August 20, 2001 regular meeting, upon petition by Nash Community College, Case #Z-8011, to rezone 9.12 acres located on the west side of SR 1603 and identified on the Nash County tax maps as parcel number 382115-63-0061; and Whereas, a Public Hearing of the Nash County Board of Commissioners was scheduled, advertised and conducted on September 10, 2001; and Whereas, the Board of Commissioners heard all the evidence and arguments presented at the public hearing. Therefore, Be It Resolved that the Nash County Board of Commissioners hereby adopts the rezoning of the above described property. Adopted this 10th day of September 2001. Ms. Dorsey presented a text amendment to the Unified Development Ordinance to allow the use of recreational vehicles for temporary commercial contractor projects. She stated that the Planning Board unanimously recommended approval of the amendment. She requested a public hearing to consider this text amendment to the Unified Development Ordinance. On motion of Billy Morgan, seconded by Fred Belfield and duly passed that the board go into a public hearing to consider the text amendment. No one spoke during the public hearing. On motion of Billy Morgan, seconded by Fred Belfield and duly passed that the public hearing adjourn. On motion of Lou M. Richardson, seconded by Billy Morgan and duly passed that the following ordinance amending the Nash County Unified Development Ordinance be adopted. AN ORDINANCE AMENDING THE NASH COUNTY UNIFIED DEVELOPMENT ORDINANCE Whereas, the Nash County Planning Board has provided a favorable recommendation per the requirements of Article VIII – Amendments – Section 8-3 Planning Board Review and Recommendation of the Unified Development Ordinance; and Whereas, a public hearing of the Board of Commissioners has been scheduled, duly advertised per the requirements of Article VIII – Amendments – Section 8-5 Public Hearing Requirements of the Unified Development Ordinance and conducted on September 10, 2001. Now, therefore be it ordained that he Board of Commissioners has favorably acted on the recommendation of the Planning Board and provides that the following sections of the Nash County Unified Development Ordinance are hereby amended as follows: Article 11 Development Standards Section 11-4.78 Temporary Housing for Emergency Construction and Reconstruction of Residences and for Commercial Construction Projects Use of Manufactured Home and RV or Travel Trailer The use of Class B or C manufactured homes may be used as temporary emergency, construction and repair residences and are permissible in all zoning districts. Travel Trailer’s and RV’s may be used in the case of a temporary emergency and for commercial construction projects only. These structures are allowed for up to eighteen (18) months before requiring a special use permit for renewal by the Board of Adjustment. RV’s and Travel Trailers must have functioning bathroom (approved by the Nash County Health Department) and kitchen facilities and in the case of residences, must be occupied by the residents of the house, which is under repair. Adopted this 10th day of September 2001. Ms. Dorsey presented a request to rename "Joan Lane" to "Nets Lane" by Mr. Dennis A. Scott, Jr. The staff recommends approval of the request and this requires a public hearing. On motion of Lou M. Richardson, seconded by Jay Alford and duly passed that the board go into a public hearing to consider the name change. No one spoke during the public hearing. On motion of Billy Morgan, seconded by Fred Belfield and duly passed that the public hearing adjourn. On motion of Tommy May, seconded by Billy Morgan and duly passed that the following ordinance renaming Joan Lane to Nets Lane in Nash County be adopted. AN ORDINANCE RENAMING JOAN LANE TO NETS LANE IN NASH COUNTY WHEREAS, the Nash County Board of Commissioners has been petitioned to rename a certain road in Nash County; and, WHEREAS, a public hearing of the Board of Commissioners has been scheduled and duly advertised per the requirements and conducted on September 10, 2001 at 10:00 a.m.; and, BE IT THEREFORE RESOLVED that the Board of Commissioners of and for the County of Nash do recognize the official name of the aforementioned private road as show below. Further, the Board of Commissioners request that a sign be erected as necessary designating this name. SECTION I. To change the name of "Joan Lane" to "Nets Lane". Adopted this 10th day of September, 2001 by unanimous vote by the Nash County Board of Commissioners. Ms. Dorsey presented a request by Deborah Nelms for a waiver of the requirement to provide a 45" easement to the subdivided lots. This is a request to develop a 2-lot subdivision off of SR 1306 (Richardson Rd.). The second lot will be served by a 25' existing easement that cannot be increased as the property owners involved will not agree to allow the additional width. She stated that the Planning Board recommended approval of the waiver and the easement subject to the allowance of only one house each on lots 1 and 2. On motion of Billy Morgan, seconded by Jay Alford and duly passed that the waiver request by Deborah Nelms to provide a 45' easement to the subdivided lots be approved subject to the allowance of only one house each on lots 1 and 2. Chairman Mayo asked the County Attorney, Vince Durham, to present the occupancy tax addition. Mr. Durham reported to the board that a recent revision in the law allows Nash County to levy an additional two cents occupancy tax that will be remitted to the City of Rocky Mount. Rocky Mount has requested that the county levy the additional two cents occupancy tax as soon as possible. He stated that the board would need to hold a public hearing to levy the tax. On motion of Tommy May, seconded by Fred Belfield and duly passed that the board go into a public hearing to consider the levying of an additional two cents occupancy tax that would be effective November 1, 2001. No one spoke at the public hearing. On motion of Jay Alford, seconded by Fred Belfield and duly passed that the public hearing adjourn. On motion of Billy Morgan, seconded by Fred Belfield and duly passed that the following resolution be adopted concerning the occupancy tax. RESOLUTION OF THE NASH COUNTY BOARD OF COMMISSIONERS WHEREAS, the General Assembly of North Carolina in its 2001 Session enacted House Bill 583 which modifies the Nash County Occupancy Tax; and WHEREAS, House Bill 583 provides that Nash County may levy an additional room occupancy tax of up to 2% of the gross receipts received from the rental of accommodations taxable under that act; and WHEREAS, North Carolina General Statute '153A-135, requires that a room occupancy tax may be levied only by resolution after public notice and a public hearing; and that the tax may become effective on the first day of the second month after the resolution is adopted; and WHEREAS, the act further provides that the net proceeds of the 2% that be levied herein shall be remitted to the City of Rocky Mount and that the City of Rocky Mount shall spend the funds only for tourism related expenditures within Nash County that have been specifically approved and advanced by the Nash County Tourism Development Authority. NOW THEREFORE, the Nash County Commissioners, after public notice and a public hearing at its September 10, 2001 regularly scheduled board meeting, do hereby levy an additional room occupancy tax in the amount of 2% of the gross receipts derived from the rental of accommodations as set forth in House Bill 583 of the 2001 Session of the General Assembly of North Carolina, said tax to become effective as of November 1, 2001.