HomeMy WebLinkAboutRE_ For Your Consideration (2)Regina,
Off the top of my head I know that having a farm # and having your
taxes deferred, and how the structure in question is used are kind of
the starting points, but there may be some other variables also in which
we make that determination etc. I have copied Ken and Donna so they can
be more specific so we are as accurate as we can with your question.
However keep in mind that by being a farm allows you to be exempt from
some requirements but not all requirements it just depends on what a
person is trying to do. For example you may be exempt from some zoning
regulations but may still be required to do some state code requirements
just depends on the use etc.
You are not alone with your case there are several throughout the state
one in orange county I think is going on now you can do a google search,
the State unfortunately has not been real clear on how to handle these
but we are getting close with court cases etc. We are more than willing
to sit down and go over this topic if you would like if you think it may
help.
ML
From: Regina Griggs [mailto:breakawayroper@charter.net]
Sent: Thursday, May 11, 2017 3:37 PM
To: Mark Locklear <mlocklear@harnett.org>; Loren's Email
<lgriggs9118@charter.net>
Subject: Re: For Your Consideration
Mark,
You are the only person that has responded to my email so I will ask
you the question. What requirements does my property have to meet to be
considered a farm? There has to be a criteria in allowing some but not
all. Just today I received an email from the Harnett County FSA office
with their monthly newsletter.
Regards,
Regina Griggs
Sent from my iPhone
On May 9, 2017, at 10:46 AM, Mark Locklear <mlocklear@harnett.org
<mailto:mlocklear@harnett.org> > wrote:
Mrs. Griggs,
I apologize that your experience with our Department was not as
positive as you would like it to be. Our office facilitates multiple
request like yours each year, most of which have positive outcomes.
Please know that we share a common goal of wanting you to have an
successful business, but please know that opening a commercial business
can be a very complicated process and it takes your contractor, our
office, and yourself working as a team to get you through that process
as painless as possible. While we may have some disagreements regarding
farm status etc. we are still very much committed to getting your
business up and running, within the parameters set forth by our state
and local regulations. We are willing to sit down with you and anyone
else you feel may help us get your project on track and finalized just
give us a call. Once I again I apologize for your experience thus far
and I hope that you are soon back doing what you do best at Carolina
Moon.
Sincerely,
Mark Locklear
Harnett County
Director of Development Services
BTW: For what it’s worth we never thought your business was not
successful enough we were simply trying to help you out at that point,
and the remark regarding Wal-Mart I was just pointing out that the
process for all commercial business’s is similar and we try to treat
everyone the same. I apologize for any confusion those comments may
have caused you.
From: breakawayroper@charter.net
<mailto:breakawayroper@charter.net> [mailto:breakawayroper@charter.net]
Sent: Monday, May 08, 2017 10:05 PM
To: Jay Sikes <jsikes@harnett.org <mailto:jsikes@harnett.org> >;
Randy L. Baker <rbaker@harnett.org <mailto:rbaker@harnett.org> >; Landon
Chandler <lchandler@harnett.org <mailto:lchandler@harnett.org> >; Ken
Slattum <kslattum@harnett.org <mailto:kslattum@harnett.org> >; Donna
Johnson <djohnson@harnett.org <mailto:djohnson@harnett.org> >; Mark
Locklear <mlocklear@harnett.org <mailto:mlocklear@harnett.org> >;
'lgriggs9118@charter.net <mailto:lgriggs9118@charter.net> '
<lgriggs9118@charter.net <mailto:lgriggs9118@charter.net> >
Subject: For Your Consideration
May 8, 2017
Members of Harnett County Development Services:
It is now almost 3 months since I received an unexpected letter
in the mail. A violation notice that prompted me to make a phone call
to Randy Baker at the Harnett County planning board. The topic of the
conversation was a request to come in for a meeting to go over my “plan
and vision for the future” of a home based business that I had
cultivated with my own two hands. The business I call Carolina Moon.
The business that by word of mouth had brought people from all over
central and eastern NC to my home once every other month for a few hours
at a time. I was asked to complete a set of pre-development plan
documents and present them to a gathering of board members later that
week. I was happy to oblige, as I had nothing to hide. I had not
intentionally done anything wrong in the development of my business. I
was paying NC and county sales taxes. I had a federal EIN#. I had
hired a general contractor to take care of the logistics of the
construction. I enjoyed completing the documents. I included the
people in my life that had inspired me to pursue my dreams and
influenced me to appreciate the items of the past that make up so much
of what is Carolina Moon. I included all of the scenarios I could dream
of that could make what I love about Harnett County and my home
something that people from all walks of life would want to be a part of
for select events during the year. This included using the beautiful
facility on our property as a small wedding venue. I went into that
meeting on Thursday, February 9th unprepared for anything negative.
After all, I have always tried to live my life expecting wonderful
things to happen. This day would not be one of those.
During this meeting, I was presented with numerous reasons my
dream was inferior, illegal, worthless, and futile. Looking back, had I
known that I was walking into a room of six people that had spent a week
compiling biased evidence against me and the establishment of Carolina
Moon, I would have been more prepared to answer questions and have stood
a fighting chance. Since I was not given the opportunity to prepare, I
can only look back at what was asked and used as “evidence” against me
and evaluate its validity in hindsight.
#1 - The use of our farm number - I was told at this meeting
that using our barn as a potential wedding venue was not possible
because we did not qualify as a farm. You indicated our farm number was
not a valid farm number and that since we had sold our cows we did not
qualify as a farm anymore. You even asked me if I knew someone’s name
without any designation as to why and I told you I did not. Looking
back this was an assumption we had provided a farm number that did not
belong to us. Since 2/9/17, we have made some discoveries. We DID give
our contractor the correct farm number for the parcel the barn is on and
the parcel our home is on. We WERE NOT trying to hide anything or do
anything illegal as was insinuated by your line of questioning. The
name on the farm number was still attached to the previous owner that we
purchased that parcel from years ago. The county had not updated the
information. In fact, we discovered when we purchased a parcel behind
our property during this emotionally exhaustive process, that the farm
number attached to that parcel still was registered to a person that had
not lived there in approximately 20 years. This person was in fact the
contractor we hired to complete the renovations on the barn. Which
leads me to the second point of the meeting.
#2 - Our contractor - At no point during this meeting was I
prepared to discuss the unprofessionalism of the contractor we hired to
complete this project. We gave the contractor full disclosure as to
what we wanted to do at the onset of the project which was initiated in
April of 2016. We never set out to hide anything from anyone. Any
attempts to evade discovery was done on the side of the contractor to
cover his own lack of acquiring permits we expected him to apply for and
hiring of subcontractors that were qualified to do the work. I will
never forget my introduction to Ken Slattum during this meeting. He
introduced himself as a good friend of “said contractor” and that he
knew he did quality work. The only reason for introducing yourself to
someone in that manner is as an intimidation tactic. Our personal
experiences with said contractor were just that - personal. We have to
live with the mistake we made in hiring him, but immediately believing
that we had tried to hide something from the Harnett County planning
board was unfounded, misguided, and unfair. Mr. Slattum used his own
personal affiliation with the said contractor and immediately conceived
a biased opinion of me as a liar and a crook. Both of which are
completely unfounded and offensive. I have further evidence of Mr.
Slattum having incorrect information about me and my business when he
insinuated that I had people living in the barn. This was one of the
most appalling accusations of the entire meeting. No one at any time
has lived in that barn. My assurance at the meeting that this was the
case was met with obvious annoyance by Mr. Slattum. I perceived
annoyance by his look around the room to gain approval from his
assembled colleagues, his body posture, and his exasperated demeanor
with my statement.
#3 - use of our barn under the agri-tourism status designation -
I was told at this meeting that this was never going to be an option for
me. There are several reasons why I find this to be grossly unfair.
One of these reasons, is that Harnett County itself had already granted
our property Voluntary Ag District Status. How can people that
supposedly are working for the same purpose - to make Harnett County a
place people are proud to live in and visit - contradictory on their
decisions regarding their citizens to use their farmland for an intended
purpose? One might be inclined to conclude that our case has personal
motivations for it to not succeed. But one would need more conclusive
evidence to make such an assertion. More evidence is not difficult to
find. The very next day after my meeting, a good friend of ours, went
into the same type of meeting. His results were far different than my
own. He was given clear advice to continue with agri-tourism. Even
though one of the justifications in my case that agri-tourism was not a
legitimate classification of a business. This point was brought up by a
gentleman sitting at the end of the table that used Drake Landing as his
example for why Agri-Tourism was bad for Harnett County. If I can not
use Agri-Tourism, then neither should anyone else. You might bring up
the “farm status” again as justification for why one family can continue
but I can not, but you would be wrong again. We file Schedule F taxes
every year and have as long as we have had this property. My husband
shoes horses for a living. If we are going to argue how “agricultural”
someone’s career is, I am not sure how you can get more agricultural
than that. If being constituted as a farm includes having cows walking
around in a pasture, then I obviously missed something where I was
raised - on a farm in Onslow County.
#4 - my business was not as successful as I thought it was -
There were numerous comments during this meeting that were meant to
throw shade on what I was doing. When the fire marshall specified that
the approximate limit of people that would be allowed into the barn
during a sale was 40 persons, I was needless to say, taken aback. It
was mentioned by a member of the board that I really didn’t have that
many people at one of my sales anyway. This is another incorrect
statement. I also was asked by another board member, “What made me any
different than Wal-Mart”. That statement sums up the direction I have
been forced to move if I wanted my dream to continue to be a
possibility. I have been forced to turn something simple and homegrown
into a quest for the same permissions that someone building a Dollar
General in the county would go through.
I paid more fees to go before the Evidentiary Board to get a
conditional use permit. I testified in a quasi-judicial hearing and was
given overwhelming support and compliments from the fine members of this
board. They applauded me for preserving Harnett County heritage. They
thanked me for bringing something beautiful to this county. They gave
me hope. So I went on to the next hurdle. I paid more fees and
submitted an application to go before the Developmental Review Board.
We hired a commercial engineer and paid thousands of dollars for a
preliminary proposal plan for the barn, which we were told we needed.
This was an erroneous request. We were told we would have everything we
needed to know at this meeting. This was also erroneous.
Prior to the Developmental Review Board meeting on April 19th, I
was informed via voice mail by Jay Sykes that we were going to be
required to pave the parking lot. I called for clarification and
indicated at that time this was a nonsensical requirement. It is a
pasture. Just because there is not livestock in it currently, does not
mean that is a permanent condition. Jay Sykes was very helpful and
acknowledged our situation was different. I was given the option of
conducting my own research and then going before the Harnett County
Commissioners and getting a text amendment based on our use of the land
as a farm. For a moment I had hope, but then rationality hit me. The
hypocrisy of this entire situation has come full circle. The fact that
we cannot use the barn as a wedding venue for agri-tourism because we
have been erroneously told we are not a farm, but we can go before the
county commissioners and use our farm status as the basis to bypass the
parking lot is absolutely ridiculous.
I was told to conduct my own research, pay the additional $250
fee, and submit the paperwork by May 1st, 2017. May 1st has come and
gone. My husband and myself have gone through so many different emotions
during this debacle. I have been devastated, angry, vindictive,
defeated, hopeful, flabbergasted, and in the end the condition I feel
the most is “taken advantage of”.
I have about 5000 followers on Facebook and Instagram and
several inquiries each week about the future of Carolina Moon. I want to
give them answers, but I am stuck in an endless cycle of nonsense
dealing with a group of people that do not want to look farther than
their own face to see that what I’m trying to do is the same thing that
countless other women are doing around the state of North Carolina. For
the idea of selling repurposed vintage style furniture, I can ask you to
research Rusted Roots in Mebane, Ruffins Roost in Mt. Pleasant, Spade
and Broom in Trinity, and Grey Door Market in Greensboro just to name a
few. All open occasionally. All operate as a festival style atmosphere
without having to satisfy stifling building code stipulations that would
cripple their operation. Investing hundreds of thousands of dollars in
landscaping, paving, and building additions is not a possibility a mere
citizen of Harnett County can financially afford. To answer the board
member that asked, THAT is what makes me different than Wal-Mart. I’m
an individual, not a conglomerate of investors dedicated to amassing a
fortune off the people of Harnett County. I’m dedicated to making and
providing something beautiful for my neighbors and friends to enjoy on a
very limited basis.
In regards to where you can take your research for use of the
facility as a wedding venue, I ask you to look less than a mile down the
road from me - Lockamy Plantation. The venue YOU allowed to continue
while you shut me down. I also ask you to look at the following venues
- all barns without commercial grade compliance that would eliminate
their use to the public.
1. The Barns and Gardens of the Little Herb House in
Raleigh
2. Double C Ranch in Coats, NC
3. Tot Hill Farm in Charlotte, NC
4. Shady Wagon in New Hill, NC
I get up every morning and when I walk outside I see a beautiful
barn. But rather than look at it with joy I feel sorrow. I feel sorrow
at the money we have lost due to a mistaken decision in who we trusted
to provide a service. I feel embarrassment. I feel embarrassment for
the number of times I will have to respond to people asking when my next
sale is or an inquiry into pricing information for a wedding reception.
I feel envy. I feel envy for the fact my neighbor has been given
permission to continue his use of his barn as a wedding venue, while I
cannot. I feel like a victim. As a woman I have been told by countless
males that I cannot continue with this because I’m “not a farmer”. As a
woman, I am trying to use our land, which DOES have farm exemption and
voluntary agricultural district status, to generate income. According
to the US Department of Agriculture, a farm is defined as any place from
which $1,000 or more of agricultural products were produced and sold, or
normally would have been sold, during the year. We have sold at least
$1000 worth of agricultural products every year except last year, when
we decided to make our farm actually generate money by using
agri-tourism status with the barn refurbishment. We have the tax
information to prove it.
Where does this go from here? The part of me that feels angry,
humiliated, and taken advantage of wants to publish this letter in the
newspaper and promote it on social media. The part of me that feels
personally targeted wants to follow through with my lawyer. But the
part of me that is still hopeful wants to make this work. Per the
evidence, justifications, and explanations I have provided I hope you
see that not allowing me to use the barn as a wedding venue as it stands
is a mistake. If you do not agree, then I repeat that a barn less than
a mile away should be a mistake as well.
I understand that the repurposing and resale of items does not
fall under agritourism. However, the state of North Carolina has a
provision for specialty markets, flea markets, fairs and festivals. I
would like to be allowed to obtain permits to hold a specialty market on
our farm. I believe this designation satisfies my request to hold 4-6
sales a year, for an amount of approximately 50 hours a year - TOTAL.
Other businesses with a similar business model have indicated to me they
never have to do anything like this, but apparently they have not been
targeted as a threat the county they live in as I have.
I will be happy to sit down and discuss these options with you.
We don’t want to let the barn sit empty. If the county planning board
continues to be stagnant and unyielding in its incredibly rigid and
static requirements, we have the option of allowing friends and family
to use the venue for free. If the county planning board continues to
pick and choose who it wants to continue with agritourism and who it
wants to personally choose to deny, I can also sell the items I
repurpose online. Both of these are options that would only be utilized
if the common sense of this situation is not acknowledged and corrected.
I look forward to a response from any and all parties this letter has
been sent to.
Sincerely,
Regina Griggs
Sole Proprietor of Carolina Moon Vintage LLC
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