Lumberton City Council denies rezoning request for event center

LUMBERTON — Lumberton City Council denied a rezoning request for a proposed event center in South Lumberton, citing numerous concerns about the proposed venue and the impact it could have on nearby residents.

The board voted unanimously to approve Councilman John Cantey’s motion to deny the rezoning request, from B-7 residential single family duplex to B-4 general commercial.

The vote came after more than 30 minutes of discussion on the proposal, with community members speaking both for and against and applicant Alice McLean answering questions from Council.

Cantey read a prepared statement before making a motion in which he said the proposal ultimately would not be in harmony with the surrounding community due to concerns about noise, safety and drainage.

“You have a small community of elderly and middle-age home owners that have enjoyed their home and property for decades and would like to continue to live in peace for another decade or longer, and rezoning this property has the possibility of causing undue stress, anxiety, sleepless nights and fear of safety for them,” Cantey said. “We who do not live there can … rent the building or attend functions and disturb the residents, and return home to the confines of our own homes; they have to remain there and endure what comes to them for years. That said, this just isn’t a good site for this (event) center when it is surrounded on all three sides by a residential community.”

The property, which is located on Martin Luther King Jr. Drive approximately 1,000 feet from Village Inn Restaurant and also borders Platt Lane, is surrounded on all sides by residential properties; some are located just over 100 feet from where the building would be located, according to a site plan submitted as part of McLean’s application.

Concerns addressed by Cantey and others include noise — particularly late into the evening with the proposed hours of operation until 11 p.m., six days per week, with the potential for live bands or DJs playing music at the site. Security was also discussed, with “bring your own bottle” to be allowed for events at the site and concerns over any incidents that may arise from events at the facility, particularly with other residences so close by.

McLean stated that she intended to “scrutinize” who would potentially rent the building as a matter of quality control, and that security would be required for certain kinds of events.

Drainage concerns in an area severely affected during previous flooding events, including hurricanes Matthew and Florence, were also at the forefront of the discussion. While the site would be required to be raised for a structure to be built, that could potentially create additional runoff onto adjacent properties.

“I would have hoped that since all parties involved have been the victims of flooding and excessive water, drainage issues, that we could really appreciate any issues that our neighbors are having on any type of said flooding still on their property, whether it’s runoff, drainage issues or a heavy downpour,” Cantey said.

The location in a flood zone is also part of a broader issue regarding the lack of economic development in South Lumberton, Cantey said, with added difficulties in obtaining grants or government funding to aide in projects to bring economic growth to that community.

While some spoke in favor of the proposed venue, including District Court Judge Krystle Melvin, who is daughter of the applicant, there was also opposition, both from some who spoke in the meeting and from community feedback heard by Cantey, who said he’s received 14 letters against the proposal and a petition with 24 names.

Board passes recriminalization of certain city ordinances

Council also passed the second reading of a measure to “recriminalize” some city ordinances. This was required after a state legislature statute in 2022 broadly decriminalized all municipal ordinances, but allowed for cities to “recriminalize” some ordinances by specifically reinstating those penalties.

Two readings were required by state law; Council passed the first reading in its March meeting.

Existing offenses which Council will look to respecify misdemeanor penalties for include: failure to comply with swimming pool regulations; animal control violations; Airport Commission rule or regulation violations; unfit building occupation violations; failure to comply with unsafe building provisions; parking-related offenses; failure to comply with noise ordinance/permit requirements; begging violations; discharging a firearm; loitering ordinance violations; minor curfew violations; failure to obey alarm regulations; graffiti violations; and solid waste ordinance violations.

Most violations will carry a small fine, with a maximum allowable fine specified in each revised ordinance.

Little discussion was held on the motion in the March meeting; none was held Monday, with no community members present to speak for or against and no one on the board commenting before their vote.

City receives clean audit

An audit of the city’s finances, presented to Council during Monday’s meeting, showed the city to be on improved financial footing from even just one year ago.

The city’s general fund balance at the end of 2023 was $7,574,572, up from $5,183,023 at the end of 2022, accountant Wade Greene told Council. The fund balance as a percentage of expenditures — perhaps the figure most looked at by the Local Government Commission — improved from 18.55% in 2022 to 26.46% in 2023.

“The LGC wants towns of this size to be at least 25% and higher,” Greene said. “So you’re getting to be in good shape — not great shape, but better shape than you were in last year.”

The Light and Power Fund balance increased from $2,137,864 and 7.08% in 2022 to $4,756,398 and 16.58% in 2023. The Water and Sewer Fund balance saw a drop, from $6,517,933 and 41.91% in 2022 to $4,765,649 and 27.26% in 2023, due to expenditures exceeding revenue; “you’re still in good shape,” Greene said. The Sanitation Fund balance increased from $135,367 and 7.27% in 2022 to $458,811 and 22.72% in 2023.

The city had $14,230,241 in cash on hand in governmental funds and $11,156,803 in enterprise funds at the end of 2023, up from $13,618,794 in governmental funds and $8,270,406 in enterprise funds in 2022.

The city’s long-term debt is at $57,637,056 for governmental funds; much of this figure is in future insurance payments and retirement, etc., for city employees. That figure is down from $59,400,154 in 2022. The long-term debt in enterprise funds also improved from $17,966,781 in 2022 to $16,988,397 in 2023.

The net tax levy collected by the city increased from $10,711,898 in 2022 to $10,959,430 in 2023. The tax collection race is at 93.85% in total and 93.10% excluding motor vehicles; Greene stated that the 93- to 95% range is about average for municipalities in Southeastern North Carolina.

LGC has already accepted the audit, Greene said.

Tornado Shades approved for Plaza

The Dick Taylor Plaza at the center of downtown Lumberton may soon see new structures to provide shade for visitors. Known as Tornado Shades, the structures include sturdy tornado-shaped canvasses to provide shade, reinforced by steel supports. Three are expected to be installed.

Dencie Lambdin presented the agenda item on behalf of the Main Street Lumberton Advisory Board; Friends of Main Street voted to purchase the shades last month, contingent on funding available for the project.

Main Street Lumberton is asking the city for $10,000 as a contingency in the event that other fundraising efforts for the $75,000 project do not come to fruition. The funding was included in the motion, which passed unanimously.

Other business

In other business, Council:

— Recognized former Lumberton Police Department Lieutenant Donna K. Halliburton for her recent retirement after 21 years of service.

— Approved the release of a $406,250 bond for the Oak Pointe subdivision, as all requirements have now been met for that subdivision after final plat approval was given in 2019.

— Approved for a public hearing to be scheduled regarding a rezoning and special use permit request by Sheriff Burnis Wilkins for proposed expansion at the Robeson County Sheriff’s Office.

— Approved the following public works projects: a sewer pump for the Ford Place Lift Station at a cost of $18,432; a 14,000-pound winch, to be used specifically for cleaning out drainage pipes, for $9,374.04; two tandem dump trucks, at a cost of $176,284.60 each, which is $87,430.80 below budget; a utility betterment to build a sewer line underneath Interstate 95 as part of the I-95 widening project, which could be used for a potential future project to divert sewer from the northwest portion of the city, where it has a capacity problem, into northeastern Lumberton, at a cost of $495,008.06; a grit chamber auger for the Wastewater Treatment Plant at a cost of $36,694.58; and an engineering amendment for the city’s well replacement project to build a monitoring well at one proposed site, with the $36,510 cost to be paid for with grant funds.

— Approved the following allocation of Community Revitalization Funds: $500 for the Robeson County Chamber of Commerce Golf Tournament; $350 for Cruising 2nd Street Again; and $350 for the Readers Guild Book Club.

Council’s next meeting will be held Monday, May 6 at 11 a.m. at City Hall; it is at a different time than usual due to time-sensitive business to be addressed at that meeting.