February 6, 2012 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 742 Meeting of the Johnston County Board of Commissioners February 6 , 2012 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , February 6 , 2012 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Allen L Mims , Jr , Vice Chairman Jeffrey P Carver , Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present County Manager Rick J Hester and Clerk to the Board Paula G Woodard Chairman Allen L Mims , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – January 25 and February 1 , 2012 Certified letters were mailed to adjoining property owners on January 23 , 2012 A notice was posted at the location on December 19 , 2011 for Case 04 - 29 MOD The Chairman opened the Special Use Hearing for Case 04 - 29 MOD Case 04 - 29 MOD A request to modify the Special Use Permit for 175 acres zoned Community Business - Special Use District located at 1251 Sanders Road SR 1517 The modification request is to allow for the operation of a community center for special events in addition to the existing child care facility Tax ID 13E04020 Owner Applicant Kim’s Kid’s Inc - Kim Stephenson Those wishing to speak on Special Use Case 04 - 29 MOD were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to modify the special use permit for 175 acres zoned Community Business - Special Use District located at 1251 Sanders Road The modification request is to allow for the operation of a community center for special events in addition to the existing child care facility Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 29 MOD on October 31 , 2011 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , storm water and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On December 20 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 04 - 29 MOD and made the following recommendations Upon a motion by Mr Letchworth to approve the Modification with the addition of adequate lighting , seconded by Ms Hackler , carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of the Special Use Conditions with the addition of adequate lighting , for Case 04 - 29 Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant Currently our property located at 1251 Sanders Road has been operating as a daycare for the past 15 years We are requesting to offer another service with this property that would benefit the community as anPage743 February 6 , 2012 – 6 00 pm Continued “ Event Center ” This would include small group gatherings for special events such as children’s and adult birthday parties , baby showers , wedding showers , small group classes , club meetings , family reunions , family gatherings , anniversary parties , and a meeting place The center will service the community with a special place to gather for community events Staff The applicant will utilize the existing building which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The property is currently in business and operating as a daycare business for the past 15 years We are requesting to only modify the current special use permit to add another use of the property for an event center Staff The existing building meets the setback and access requirements and complies with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant In this area there is not another business that is available to offer this service It is a service that is needed and will improve the value of the surrounding properties The property is already known in the community as Kim’s Kids Childcare and it has 2 buildings of which 1 building will be the event center Kim’s Kids has been in business for 15 years and Kim has seen a need for this kind of business talking to parents and other members of the community There is a great need for this kind of service in the community Staff Regular hours of operation will be maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant We are requesting to only add an additional use of the property that is currently being used as a daycare operation By adding another use of the property or modifying the current permit to offer services that is in need and is not currently available to the surrounding community This would allow the property to be used for other functions that are needed in the community Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT child care facility and community center for special events Special Use Conditions 1 Permitted Uses To allow for the operation of a child care facility before after school care , and summer day camps and community center for special events 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by the Planning and Zoning Staff 4 Installation of a Class A Buffer 5 Signage one free standing sign , or one monument sign , or one ground sign 6 Proof of liability insurance submitted to the Planning and Zoning Department 7 Hours of operation for special events shall be Monday - Sunday from 7am - 11pm 8 No outdoor music will be allowed 9 No alcohol may be sold on site 10 Adequate lighting through the parking area with lighting plan approved by staff Note Items in bold have been added to existing SUP Mr Gray reported the site is presently zoned Community Business – Special Use District and is surrounded by Agricultural Residential zoning and used for such purposes He noted nearby zoning of Agricultural Residential – Special Use District for a wireless communications tower The site is located within a designated Primary Growth Area on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Gray referenced the site plan in the agenda packet and stated it was the original plan submitted at the time of the original rezoning request for the daycare operation He pointed out on the site plan , the “ proposed building ” and stated it will continue to be used for the daycare while the “ existing 1 story ” building will be used for the special events , if approved Mr Gray listed and reviewed the proposed modifications to the special use conditions with the Board Owner Applicant John Stephenson addressed the Board and stated they have been in the daycare business since 1996 Mr Stephenson reported in 2005 they expanded the operation with an additional building ; however , due to the decline in the economy they have consolidated their operation back into one building He stated they would like to hold special events in the older building such as children’s birthday parties , small wedding showers , baby showers , etc At the inquiry of Chairman Allen L Mims , Jr , Mr Stephenson confirmed that he agreed with the proposed special use conditions Page744 February 6 , 2012 – 6 00 pm Continued Upon a question by Commissioner Tony Braswell , Mr Stephenson stated they requested the opening hours of operation at 7 00 am in order to have time to set up for earlier parties He stated they will not have parties after 11 00 pm Chairman Mims asked what time the existing daycare operation opened each day Mr Stephenson stated the existing daycare operation is open from 6 30 am until 6 00 pm Mr Gray explained the proposed hours of operation from 7 00 am until 11 00 pm were specifically for the special events use and there were no hours originally established for the daycare Chairman Mims indicated there could be confusion if the hours of operation for the special events and the daycare opening hours were different Commissioner Wade M Stewart suggested amending the hours of operation to 6 30 am until 11 00 pm to avoid confusion Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 04 - 29 MOD Decision on Special Use Case 04 - 29 MOD Case 04 - 29 MOD A request to modify the Special Use Permit for 175 acres zoned Community Business - Special Use District located at 1251 Sanders Road SR 1517 The modification request is to allow for the operation of a community center for special events in addition to the existing child care facility Tax ID 13E04020 Owner Applicant Kim’s Kid’s Inc - Kim Stephenson Based on the findings of facts and the revised special use conditions as listed below , Commissioner Cookie Pope moved the Board approve the modification to the special use permit for Case 04 - 29 MOD to allow for the operation of a community center for special events in addition to the existing child care facility on property zoned Community Business – Special Use District located at 1251 Sanders Road SR 1517 Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses To allow for the operation of a child care facility before after school care , and summer day camps and community center for special events 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by the Planning and Zoning Staff 4 Installation of a Class A Buffer 5 Signage one free standing sign , or one monument sign , or one ground sign 6 Proof of liability insurance submitted to the Planning and Zoning Department 7 Hours of operation for special events shall be Monday - Sunday from 6 30am - 11 00pm 8 No outdoor music will be allowed 9 No alcohol may be sold on site 10 Adequate lighting through the parking area with lighting plan approved by staff 2 Public Comments A Colonel Dennis Nielsen Dennis Nielsen , 9485 NC Hwy 39 , Middlesex , informed the Board that he can have no contact with Sheriff Steve Bizzell regarding the matter of his request for a machine gun permit Mr Nielsen reported he has asked for meetings with County Manager Rick Hester and County Attorney David Mills who have refused to meet with him Mr Nielsen stated that Mr Mills had agreed to provide him with a letter from the Attorney General’s Office ; however , to date he has not received that letter Mr Nielsen stated he has no other person in the County’s hierarchy to meet with or receive his complaints and he asked where he would file a complaintPage745 February 6 , 2012 – 6 00 pm Continued against a County employee Mr Nielsen stated his complaints with the County employee involve the violation of constitutional rights , the violation of State laws , civil rights violations , and the dereliction of duty by some County employees Chairman Allen L Mims , Jr stated he understood Mr Nielsen’s matter involved obtaining a permit for a machine gun Chairman Mims added that the Board of Commissioners is not authorized to issue permits for any type of firearm Mr Nielsen stated his complaint is against County employees that are violating the law , violating constitutional rights , and violating civil rights and he asked where he should take his complaints Chairman Mims agreed to meet with Mr Nielsen to discuss his complaints Mr Nielsen informed the Board of a situation involving the Planning Department and stated it seems the County is trying to stop his company , Freedom Arms , from doing business Mr Nielsen explained that he and a friend met with Planner Kevin Sigmon in the Planning Department regarding possible violations of a special use permit Mr Nielsen stated his friend had received a call from the Planning Department regarding violations of the special use permit for her operation Mr Nielsen stated his friend runs a nonprofit organization and in order to raise funds , she holds various fundraising events including festivals , turkey shoots , classes , CPR training , etc Mr Nielsen continued that his friend felt threatened and intimidated by Mr Sigmon and was told that the County would issue fines if she violates the special use permit by fundraising Mr Nielsen added that Mr Sigmon stated the special use permit would be revoked and the operation shut down Mr Nielsen complained that Mr Sigmon began to give his friend legal advice regarding her operation and he stressed that Mr Sigmon is not authorized to practice law Mr Nielsen reported that Mr Sigmon stated the County would give his friend 90 days to submit required documentation to the Planning Department and that she could continue to operate during that time Mr Nielsen stated they agreed to provide the documentation to the Planning Department at the 90 day point to which Mr Sigmon informed them they had until March 1 , 2012 or the Planning Department would shut down the operation Mr Nielsen stated Mr Sigmon’s tone was threatening and intimidating and there were four witnesses to the conversation Mr Nielsen continued that Mr Sigmon began to lecture him concerning his ongoing matter regarding the Sheriff Mr Nielsen submitted to the Board information on how machine guns he owns are stored as well as a copy of a “ Notice of Firearms Manufactured or Imported ” that contained information on a machine gun he wishes to obtain a permit for from the Sheriff Mr Nielsen stated the County deals with citizens by threats and intimidation and he too has been threatened by County employees Commissioner Tony Braswell commented that from his observations , it appears no one in the County has been able to satisfy Mr Nielsen’s needs Commissioner Braswell stated he has been a Johnston County Commissioner for almost eight years and in that time he has never heard , from any of the 169,000 citizens that the Board represents , that the Board has intimidated anyone Commissioner Braswell stated if the citizens do not like what the Board does , then the people will vote the Commissioners out of office at election time Mr Nielsen responded he did not disagree that the Board represents everyone ; however , he stated no one will speak with him over his specific issue Mr Nielsen added that he has never met with anyone in the County regarding his issue Commissioner Braswell stated that Senator Buck Newton indicated he has discussed the matter with Mr Nielsen and felt it was resolved Mr Nielsen stated a newspaper article reported he had met with Senator Newton and that the issue had been resolved ; however , Mr Nielsen stated he has never met with Senator Newton Commissioner Braswell stated he has spoken with Senator Newton personally and the Senator said the issue was resolved Mr Nielsen stated the issue is not resolved because no machine gun permit has been issued and he has never met with Senator Newton Mr Nielsen stated if the Board or the County Manager would give him a letter stating he does not need a machine gun permit then he would be happy Chairman Mims reiterated that the Board of Commissioners has no authority regarding permits for firearms and he asked Mr Nielsen why he did not submit the machine gun documentation to the Sheriff instead of the Board of Commissioners PagePage pageNumber5746 February 6 , 2012 – 6 00 pm Continued Mr Nielsen stated he cannot go to the Sheriff’s Office because the Sheriff would not meet with him Chairman Mims instructed the Clerk to the Board to deliver Mr Nielsen’s documentation he submitted to Sheriff Steve Bizzell Commissioner Wade M Stewart noted his confusion and asked Mr Nielsen specifically , what he wants Commissioner Stewart indicated that he thought Mr Nielsen wanted to have a machine gun at his place of business in Clayton and he asked Mr Nielsen if that is correct , to which Mr Nielsen confirmed that was correct Commissioner Stewart asked Mr Nielsen if he presently had the machine gun at his place of business in Clayton Mr Nielsen responded that he does not have the machine gun at his place of business in Clayton because he does not have a permit Commissioner Stewart restated that as he understands the issue , Mr Nielsen would like to have a permit for a machine gun at his place of business in Clayton He asked Mr Nielsen if there was anything else Mr Nielsen responded that along with his request for the machine gun permit , he wants to ensure that everyone is complying with the law Jeffrey Lawrence , 4681 US Hwy 301 S , Four Oaks , informed the Board that he wished to address some of the comments made by Mr Nielsen Mr Lawrence stated he is the founder and President of the North Carolina NFA Defense Association and that NFA National Firearms Act firearms are defined under the Firearms Act of 1934 as short - barrel shotguns and rifles , suppressors , machine guns , destructive devices , and any other weapons that the Bureau of Alcohol Tobacco and Firearms BATF cannot define Mr Lawrence reported that when considering laws , the most restrictive law will govern and in the case of firearms , North Carolina law is the more restrictive He added there are two North Carolina General Statutes that govern machine guns and other NFA items Mr Lawrence stated the more restrictive statute , NCGS 14 - 409 , does require a machine gun permit for any and all purchases of non - government or non - law enforcement uses Mr Lawrence stated the statute specifically sets out banks , merchants , and places of business for research and development along with other general clauses with no exceptions for federally licensed dealers , manufacturers , or importers Mr Lawrence stated he is a Class III firearms dealer and with the North Carolina NFA Defense Association and Grassroots North Carolina , he has worked to bring a modification to the statute to add language that says if an individual complies with Federal law then they also comply with State law and the effort was successful through House Bill 650 However , Mr Lawrence informed the Board that the North Carolina Attorney General’s Office has stated it will not issue an Opinion Letter on the new changes to the law until requested to do so by an official government agency He added the official government agency , being the BATF and specifically the NFA Branch , refuses to ask for the Opinion Letter and also refuses to transfer a machine gun into North Carolina without the Opinion Letter Mr Lawrence stated in his discussions with North Carolina Deputy Attorney General John Aldridge , Mr Aldridge’s stance on the issue has been very negative Mr Lawrence stated that the attorneys for the North Carolina NFA Defense Association and Grassroots North Carolina have looked at the changes to the statute and all agree that the machine gun permit , requested by Mr Nielsen , should not be required However , Mr Lawrence stated until such time as Deputy Attorney General Aldridge issues an Opinion Letter saying the permit is not required , it will be required for all non - government and non - military entities At the inquiry of Commissioner Stewart , Mr Lawrence stated the Sheriff has the final discretion of whether or not to issue a machine gun permit according to North Carolina State law which is the more restrictive law Mr Lawrence provided the Board with a background on the machine gun permitting process and stated as the law stands presently , Mr Nielsen must obtain a machine gun permit and it is fully at the discretion of the Sheriff Holly Nielsen , 371 Riverstone Drive , Clayton , addressed the Board and stated she is the daughter of Dennis Nielsen Ms Nielsen read the following statement Let me start by stating that I do not support the ownership of automatic weapons by private citizens or businesses I do not believe it is necessary or the intent of the second amendment to allow thePagePage pageNumber6747 February 6 , 2012 – 6 00 pm Continued ownership of a weapon that will fire 600 rounds a minute Nevertheless , I am not here to debate the second amendment with all of you My father and I may disagree on how we interpret the second amendment , but we do agree strongly that fairness , justice , and equality are three of the most important attributes in ourselves , our community leaders , and our government My father possesses all the requirements to own a machine gun in the State and County with the exception of the permit from the Sheriff I believe this is an undisputed fact The Sheriff has denied his request for a permit without any legal reason or explanation for his denial Any law that depends on an individual to use his or her sole discretion on who should or should not get a permit for anything , there is inherent potential for unfair treatment of citizens , whether the Sheriff is determining one’s good moral character or whether the Sheriff denies a permit for which the law clearly states it should be granted The law on this seems clear Applicants should apply and receive the permit from the Sheriff It says no where that he can arbitrarily deny it The Sheriff has issued permits for this same type of weapon in the past and I am struggling to understand how this is fair or just The historical purpose of many gun laws in America , predominately , those that require the Sheriff to issue a permit , at what amounts to his or her sole discretion , has been one of the discrimination of African Americans , immigrants , and other minorities It is shocking to me that laws which have the sole purpose of subjugation of an entire race still continue to remain on the books and our government continues to support this type of activity Although multiple requests have been made up to this point , which have been denied , to allow the public to inspect permit requests and denials , through the Freedom of Information Act , my suspicion is that most people with machine guns or any gun permits for that matter , look a lot more like the members of this Commission , minus Commissioner Pope of course , than reflect the actual diversity of this community It also seems there are literally thousands of these types of guns in North Carolina including a good number in Johnston County alone The estimates I have heard have been somewhere around 9,000 For me this is a much bigger issue than my father and his gun Frankly I hope he gets rid of the gun , but this experience has opened my eyes to the overarching implications of denying one man his gun I understand this Commission cannot change the law and that the Sheriff is only responsible to the voters and not to this Commission , except for his budget But I ask that you provide assistance wherever possible to ensure that all citizens of this County are treated equally to the best of your ability I believe it is your duty along with mine as a member of the voting public to do what we can to ensure the Sheriff is enforcing all laws and policies in a fair and just manner My hope is that this includes equitable treatment for my father , myself , and all citizens of this County Therefore , I ask this Commission to take the following action demand that the Sheriff either issue a permit to my father for the machine gun as he has for others in the past , or find and confiscate each and every machine gun and other like weapon in Johnston County That only seems fair That one person can have a machine gun ; someone else should be able to do that as long as they meet the criteria Frankly I am for rounding them all up , but that is not the issue here Number 2 , request a review of all applications by an independent review board for handgun permits , concealed carry permits , and any other permits the Sheriff is able to arbitrarily deny and ensure that they are approved or denied based on quantifiable criteria only and they are not being issued at the random whim of the Sheriff or based on his interpretation of a good moral character Thank you all for your time Commissioner Tony Braswell expressed his concerns and frustration that the County is being arbitrarily accused of discrimination without any data or basis to back it up Ms Nielsen stated that anytime someone is asked to define “ good moral character ” there could be discrimination Dennis Nielsen readdressed the Board and stated he would like to clarify North Carolina General Statute 14 - 409 Mr Nielsen stated the statute language says that “ banks or merchants who shall apply and receive ” is one sentence Mr Nielsen expressed his opinions to the Board regarding North Carolina gun laws and how he believes they have been used to discriminate Jeffrey Lawrence readdressed the Board and stated Mr Nielsen is correct in that the statute language is one sentence that says “ banks , merchants , and recognized business establishments for use in their respective places of business , who shall first apply to and receive from the Sheriff of the County in which said business is located , a permit to possess the said weapons for the purpose of defending the said business ” Mr Lawrence stated however , the North Carolina Attorney General does not see that language as a “ shall sign ” document Following further discussion , the Board took no action Note The Board discussed the matter further , following Public Comment Item B PagePage pageNumber7748 February 6 , 2012 – 6 00 pm Continued B NC Stop Torture Now Quaker House Chuck Fager , 223 Hillside Avenue , Fayetteville , North Carolina and Allyson Caison , 312 North Massey Street , Selma , North Carolina , addressed the Board and provided a written summary of recent events that their organization believes indicates the accountability of those who kidnap and abuse detainees domestically and internationally Mr Fager and Ms Caison also presented and discussed with the Board a report from the University of North Carolina School of Law entitled “ The North Carolina Connection to Extraordinary Rendition and Torture ” dated January 2012 Mr Fager reported that a team from the UNC School of Law , headed by Deborah Weissman , have been working for more than a year to assemble the information He stated the report was first released to the Attorney General and the Governor’s Offices Mr Fager asked the Board to review the report He stated the report contains statements from individuals who were rendered out of the country to be tortured on aircraft based with Aero Contractors at the Johnston County Airport and there is evidence in the report to back up those charges Mr Fager reiterated NC Stop Torture Now’s request for the Board to call for an investigation into the allegations and that if the Board is unable to do that then he asked the Commissioners to support it as individuals At the inquiry of Chairman Allen L Mims , Jr , Ms Caison reported they met with the Governor’s Attorney , a representative from Attorney General Roy Cooper’s Office , a team of lawyers , including one lawyer who represents rendered victims , Deborah Weissman , and others Ms Caison stated they attempted to deliver a copy of the report to District Attorney Susan Doyle , but Ms Doyle would not meet with them Ms Caison also spoke to the Board regarding the press conference that NC Stop Torture Now recently held at the Johnston County Airport and she expressed her disappointment over planes revving their engines on the tarmac and flying overhead in an effort to distract the reporters at the press conference Chairman Mims asked if NC Stop Torture Now had received a response from the Governor’s Office or the Attorney General’s Office Mr Fager indicated they have heard nothing back from the Governor’s Office or the Attorney General’s Office Ms Caison stated the representative for the Attorney General’s Office suggested they take the report to the District Attorney and that she has being trying to meet with Ms Doyle for over a year , but Ms Doyle has refused to meet The Board further discussed the issue with Mr Fager and Ms Caison The Board took no action C Further Discussion Regarding Dennis Nielsen’s Matter Commissioner Wade M Stewart asked Jeffrey Lawrence to address the Board and further clarify if the Sheriff has to issue a permit for a machine gun to Dennis Nielsen , as Mr Nielsen has requested Mr Lawrence explained there is a state requirement for a person who legally owns a machine gun in the State of North Carolina to have a permit to possess said machine gun Mr Lawrence reported that Mr Nielsen apparently had said permit in Nash County because he legally had the machine gun in that County ; however , he stated there is nothing under State law that requires Mr Nielsen to have a County specific permit if he moves Mr Lawrence added the permit is obtained only prior to purchasing the machine gun and the Statute states the individual has to go to the County of residence and receive a permit Mr Lawrence stated the permit follows the person throughout the State Commissioner Stewart questioned exactly what Mr Nielsen is trying to obtain , if he already has a valid permit from another County for the machine gun Mr Lawrence stated the only reason Mr Nielsen could want or request a Johnston County machine gun permit is because his business license address has changed and in order to transfer additional machine guns to the business , he would have to have a permit that matches his business address or his business County Mr Lawrence confirmed that a permit would be required for additional machine guns purchased and not for one he already has a permit for from another County Commissioner Tony Braswell commented that even for a concealed carry permit , a person has to undergo background checks and other requirements before the permit approval is granted PagePage pageNumber8749 February 6 , 2012 – 6 00 pm Continued Mr Lawrence stated a machine gun permit and other NFA weapons ownership are heavily regulated and he spoke on the many requirements and steps involved Upon a question by Commissioner Stewart , Mr Lawrence confirmed that there are no laws that require Mr Nielsen to obtain an additional machine gun permit to change counties ; that a permit is only required prior to purchase Commissioner Stewart asked Mr Nielsen if he had a machine gun permit from another County for the weapon that is listed on the paperwork he submitted earlier in the meeting that is to be forwarded to the Johnston County Sheriff Mr Nielsen confirmed he did not have a permit from another county for the machine gun that is listed on the paperwork he submitted earlier in the meeting and that is the machine gun that he wishes to obtain a permit for from the Sheriff 3 Manager Reports and Comments A Annual Work Session County Manager Rick Hester asked if the Board wanted to consider dates locations for a possible annual work session in March Chairman Allen L Mims , Jr asked the County Manager to begin looking at possible dates locations 4 Board Reports and Comments A Review of Financials Commissioner Tony Braswell inquired if the Finance Committee had reviewed the County’s mid - fiscal year financials as was mentioned in the County Manager’s FY 11 - 12 Budget Message to the Board , to determine if any consideration could be given with regards to employee wages Chairman Allen L Mims , Jr noted the Finance Committee was in the process of reviewing the financials and the budget and would report back to the Board There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 7 45 pm Allen L Mims , Jr , Chairman Paula G Woodard , Clerk to the BoardPage