December 5, 2011 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 640 Meeting of the Johnston County Board of Commissioners December 5 , 2011 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , December 5 , 2011 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 , Clerk to the Board Paula G Woodard , County Attorney David F Mills , and Paralegal Deputy Clerk Melissa A Daughtry Chairman Allen L Mims , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments A Colonel Dennis Nielsen Note Item was previously scheduled on the 10 00 am agenda Dennis Nielsen , 9485 NC Hwy 39 , Middlesex , addressed the Board with a request regarding the ability to have machine gun shoots on private property in Johnston County Mr Nielsen asked the Board to consider exploring alternative approval methods for individuals requesting to purchase and own fully automatic weapons in Johnston County , noting that presently , the Sheriff is the sole approving authority Mr Nielsen asked the Board to look at other counties ’ regulations so that the same can apply in Johnston County Mr Nielsen noted that he has legal action pending against the Sheriff Mr Nielsen presented exhibits to the Board regarding his request Mr Nielsen spoke on the importance of having ordinances that allow for the fair and equitable treatment of all citizens Mr Nielsen also asked the Board to look into the possibility of a public shooting range being established in Johnston County Mr Nielsen reported he has received approximately 100 signatures in support for a public shooting range Chairman Allen L Mims , Jr stated that he along with Commissioner Jeffrey P Carver have been exploring options with regards to a public shooting range Commissioner Jeffrey P Carver added that the subject of a public shooting range will be discussed in more detail in the future Commissioner Carver stated a work group will most likely have to be established at some point to consider all ideas as well as potential grants and other funding sources , noting that the County does not have the funds to support a public shooting range Mr Nielsen recalled that he had spoken to the Board at the November 2011 meeting concerning the North Carolina Economics Assistance Center which provides free tax return preparation assistance to low income clients and the elderly Mr Nielsen stated he had asked for the County’s assistance to help advertise their services and asked if he could include a flier along with the County water bills Chairman Mims suggested that Mr Nielsen contact the local Chambers of Commerce noting they could possibly include the information along with their newsletters Commissioner Carver stated if Mr Nielsen could provide him with the information , he would in turn forward it to the Department of Social Services Chairman Mims stated with regards to Mr Nielsen’s request concerning machine guns , in his review of the information provided by Mr Nielsen , the County does not have a commercially zoned shooting range to his knowledge Mr Nielsen stated a shooting range is not the issue , but rather the issue is that an individual can own and possess fully automatic weapons in their gun store in other counties in North Carolina , but not in Johnston County Page641 December 5 , 2011 – 6 00 pm Continued Chairman Mims stated Mr Nielsen’s issue regarding owning and possessing a fully automatic weapon in Johnston County is part of the lawsuit filed by Mr Nielsen against the Sheriff and is not something that the County Commissioners have authority over Following further discussion , County Attorney David Mills advised that the Sheriff , through North Carolina General Statutes , is given the authority to approve the possession of a machine gun for the purpose of protecting a business Mr Mills recommended that the Board of Commissioners not comment on the matter at this time due to pending litigation by Mr Nielsen against the Sheriff regarding the subject matter 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – November 23 and November 30 , 2011 Certified letters were mailed to adjoining property owners on November 21 , 2011 Notices were posted at the locations on October 7 , 2011 for Cases 11 - 16 and 11 - 18 The Chairman opened the Rezoning Hearing for Case 11 - 16 Case 11 - 16 Petition to rezone 3 acres located at 3400 Wendell Road in Wilders Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 16K02009 Owner Charles and Barbara Martin Applicant Charles Martin Jr Planning Director Berry Gray stated the petition is to rezone three acres located at 3400 Wendell Road in Wilders Township from Agricultural Residential to Industrial 2 – Special Use District Mr Gray noted the special use request associated with the rezoning Mr Gray reported the existing land use is vacant The surrounding land uses are zoned Agricultural Residential and used for such purposes ; Industrial 2 and used as an automotive salvage yard ; and Community Business which is presently vacant The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which low to moderate levels of growth pressures are anticipated over the next 20 years Mr Gray reported the subject site was petitioned for rezoning to Industrial 2 – Special Use District to allow for the expansion of the salvage yard in 1997 ; however , at that time the Commissioners denied the request due to neighbor opposition over environmental concerns Mr Gray stated the applicant has obtained a petition in favor from the surrounding property owners which has been included in the Board’s agenda packet He noted one property owner to the north of the subject site did have concerns and did not sign the petition in favor Attorney Bob Spence , Second Street , Smithfield , spoke on behalf of the applicant Mr Spence reported most of the adjoining landowners are in support of the request to expand the existing salvage operation Mr Spence noted the location of the property owner that did not sign the petition in favor on a map for the Board Mr Spence reviewed with the Board the applicant’s plans for expansion if the rezoning is approved He stated the operation will not have much noise , will be kept neat and organized , and will meet all environmental regulations Mr Spence added there will be no car crushing on site and buffers will be provided Applicant Charles Martin , Jr reported his operation involves dismantling automobiles and selling the parts Mr Martin clarified that approximately once every 1 ½ to 2 years , he will bring a car crusher on site to crush the cars that have exceeded their useful life He stated the expansion will allow him more room so he can keep cars on site longer in order to sell as many of the parts as possible before crushing At the inquiry of Commissioner Cookie Pope , Mr Martin stated there is a residence adjacent to his operation ; however , the owners have signed the petition in favor It was noted that the property owner that did not sign the petition in favor was not in the audience Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 11 - 16 Decision on Rezoning Case 11 - 16 Case 11 - 16 Petition to rezone 3 acres located at 3400 Wendell Road in Wilders Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 16K02009 Owner Charles and Barbara Martin Applicant Charles Martin Jr Page642 December 5 , 2011 – 6 00 pm Continued Commissioner Cookie Pope moved the Board approve rezoning case 11 - 16 to rezone three acres located at 3400 Wendell Road in Wilders Township from Agricultural Residential to Industrial 2 – Special Use District Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 11 - 16 Case 11 - 16 To allow for an expansion of an existing automotive salvage yard Owner Charles and Barbara Martin Applicant Charles Martin Jr Those wishing to speak on Special Use Case 11 - 16 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for an expansion of an existing automotive salvage yard Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 11 - 16 on June 29 , 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 , stormwater 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 October 18 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 11 - 16 and made the following recommendations Upon a motion by Mr Edwards to approve the rezoning , seconded by Mr DeLaine and carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of Rezoning for Case 11 - 16 Upon a motion by Mr DeLaine to approve the Special Use Conditions , seconded by Mr Gathers , carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of the Special Use Conditions for Case 11 - 16 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 We propose to expand our screened storage yard for parked vehicles within the adjacent area We will screen the yard with an opaque fence in accordance with the code and use the yard as part of our existing adjacent operation We have been at this location since April of 1989 in full operation without complaint and intend to remain so Staff The applicant will expand an existing automotive salvage operation and will be subject to the special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of the 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 This expansion of our existing adjacent yard is merely screened storage , a largely passive use , so it will have no increase in noise and no adverse effect on adjacent properties We hope the increased storage will give us more operational flexibility so we do not have to move vehicles as often The net result may be less traffic a We will screen the site from adjacent property by an eight foot high opaque fence b No storage will be closer than 100 feet to the public right of way or 40 feet to any property line c The site shall be landscaped according to landscape standards as set out in Section 14 - 363 of the County Land Use Ordinance and Section 6 of the Johnston County Design Manual as shown on the attached plat d The site itself is well buffered and the use will easily protect adjacent properties from adverse effects of the salvage yard The adjacent owner has agreed to the application Staff The use shall comply 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 The lot will be fully screened It should create no noise or adverse effect It supplements our existing use of the adjacent facility and may create less traffic since we can store more vehicles locally We will landscape to the design manual Page643 December 5 , 2011 – 6 00 pm Continued Staff The site is located adjacent to the existing business , and 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 This is a positive , minor expansion of an existing successful business use It will be screened It could lower traffic It will be a fairly passive use , namely the parking of primarily inoperable vehicles , and will be supplemental to our existing use of the adjacent property There have been no complaints about our use of that property and we have been good neighbors We attach a sketch of the proposed yard , an aerial , and a petition in support from neighboring property owners 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 Expansion of an automotive salvage yard Special Use Conditions 1 Permitted Uses Expansion of an automotive salvage yard 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class C landscape buffer around the business 3 large trees , 4 small trees , and 12 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal to or more intense than the Class C buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be limited to Monday – Sunday 8 00am – 7 00pm 7 The outdoor storage yard must be enclosed by an 8 ’ opaque fence 8 Vehicles must be stored 100 ’ from the road right - of - way and 40 ’ from any adjacent property line 9 All signage must comply with the sign code 10 Containment and disposal of all automotive fluids to include all petroleum’s , oils , lubricants , and batteries shall meet all local , state , and federal requirements 11 No new driveway along Wendell Road Mr Gray listed and reviewed each of the special use conditions with the Board Applicant Charles Martin , Jr , confirmed he had no issues with the proposed special use conditions Commissioner Tony Braswell asked Mr Martin what were his current hours of operation Mr Martin stated his present hours of operation are Monday through Friday 8 00 am until 5 00 pm and he does not plan to change them Commissioner Braswell asked Mr Martin if he would object to a change in the condition regarding the hours of operation that would eliminate weekend hours Commissioner Braswell noted his concerns with the operation running seven days a week in an agricultural area Mr Martin stated he had no issues with changing the hours of operation in that he does not plan to operate the business on the weekends Mr Martin asked the Board to consider a change regarding condition # 7 for the fencing requirement Mr Martin explained his existing fence on the adjacent property is 6 ’ in height with barbwire at the top and he asked the Board to consider amending the condition so the new fence could match his existing fence ; however , he stated he would comply with whatever the Board established Upon a question by Chairman Allen L Mims , Jr , Mr Gray reported the ordinance requires an 8 ’ opaque fence Mr Martin stated he would accept the condition for an 8 ’ fence requirement The Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 11 - 16 Decision on Special Use Case 11 - 16 Case 11 - 16 To allow for an expansion of an existing automotive salvage yard Owner Charles and Barbara Martin Applicant Charles Martin Jr Based on the findings of facts and revised special use conditions with revisions to the hours of operation as listed below , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 11 - 16 to allow for an expansion of an existing automotive salvage yard on threePagePage pageNumber5644 December 5 , 2011 – 6 00 pm Continued acres located at 3400 Wendell Road in Wilders Township Commissioner Jeffrey P Carver 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 Expansion of an automotive salvage yard 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class C landscape buffer around the business 3 large trees , 4 small trees , and 12 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal to or more intense than the Class C buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be limited to Monday – Friday 7 00am – 6 00pm 7 The outdoor storage yard must be enclosed by an 8 ’ opaque fence 8 Vehicles must be stored 100 ’ from the road right - of - way and 40 ’ from any adjacent property line 9 All signage must comply with the sign code 10 Containment and disposal of all automotive fluids to include all petroleum’s , oils , lubricants , and batteries shall meet all local , state , and federal requirements 11 No new driveway along Wendell Road The Chairman reopened the Rezoning Hearing for Case 11 - 18 Case 11 - 18 Petition to rezone 599 acres of a 1288 acre tract located at 694 Bizzell Grove Church Road in Micro Township from Industrial 1 I - 1 to Industrial 2 – Special Use District I2 - SUD Tax ID 10O07071B Owner Applicant Bright & Company , LLC Planning Director Berry Gray stated the petition is to rezone 599 acres of a 1288 acre tract located at 694 Bizzell Grove Church Road in Micro Township from Industrial 1 to Industrial 2 – Special Use District Mr Gray noted the special use request associated with the rezoning Mr Gray reported the existing land use is zoned Industrial 1 and is used for the sale of used auto parts He stated the site has been zoned Industrial 1 for years and was most likely grandfathered as Industrial 1 when County zoning was adopted The surrounding land uses are zoned Agricultural Residential and Town of Micro RA and used for residential and agricultural purposes ; Interstate Highway Interchange and presently vacant ; Industrial 1 – Special Use District and used for automotive repair ; Town of Micro RA and used for a large scale warehousing and shipping terminal ; and Commercial Highway and Industrial which is presently vacant The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which low to moderate levels of growth pressures are anticipated over the next 20 years Upon a question by Commissioner Wade M Stewart , Mr Gray reported Industrial 2 is a heavier zoning classification than Industrial 1 Mr Gray noted that by requesting a rezoning of Industrial 2 – Special Use District , the applicant is actually eliminating the existing open ended usage of Industrial 1 to allow only one use under the Special Use District zoning Mr Gray stated salvage yards are only allowed as a special use in the Industrial 2 district Applicant Bright Nwabuike , 5305 Logos Court , Raleigh , addressed the Board and requested approval of the rezoning Mr Nwabuike stated the existing zoning is Industrial 1 and under that district , he can operate seven days a week , 24 hours a day Mr Nwabuike explained that when he purchased the property he contacted the Environmental Protection Agency and requested them to perform a site visit and sample the water , air quality , etc to make sure there were no contaminants Mr Nwabuike stated he wants to be proactive in making sure the site is clean and he will ask the EPA to continually monitor the operation Mr Nwabuike provided the Board with a copy of a letter he sent to the surrounding property owners asking for their input and offering to address any concerns they have in order to be a good neighbor Mr Nwabuike stated when he purchased the property it was in a state of disrepair and he has been working to clean it up and make improvements Chairman Allen L Mims , Jr asked Mr Nwabuike if he felt there was a need for the rezoning to allow for a salvage yard and if his neighbors agreed Mr Nwabuike stated he has owned the property for one year with no complaints and he has been trying to clean up the site He stated the site has been a salvage yard since the 1970 ’ s Commissioner Tony Braswell noted in the Planning Board minutes it states the operation started out as a repair shop years ago and was probably grandfathered in the County zoning PagePage pageNumber6645 December 5 , 2011 – 6 00 pm Continued Commissioner DeVan Barbour confirmed that the operation was grandfathered when County - wide zoning was established Upon a question by Commissioner Braswell , Mr Nwabuike confirmed the operation is now a salvage yard Chairman Mims noted that the current standards for an Industrial 1 district are probably much different than years ago Mr Gray agreed and stated the current standards for an Industrial 1 district were not in place years ago when the subject property was grandfathered in Berry Godwin , 120 Oak Street , Pine Level , spoke on behalf of his mother - in - law , Rosalyn Howes , who owns property surrounding the subject site Mr Godwin expressed his family’s concerns stating that the site has been a hazard for many years and noted the subject site is also located on a main school traffic route Mr Godwin stated Mr Nwabuike has cleaned the site up some ; however , he reported the property still looks bad Mr Godwin stated he would hope that if the rezoning is approved , the special use conditions would help to further improve the site Mr Godwin questioned how the rezoning would affect his family’s property and he stated that Ms Howes would prefer not to have a salvage operation on the subject site Mr Godwin stated he had thought the site was an auto repair operation and not a salvage yard and he questioned what exactly is allowed Mr Gray clarified that the operation did begin as an auto repair shop by the previous owner and the cars on site were a part of that operation which accumulated over time He added that when Mr Nwabuike was interested in purchasing the property , he spoke with the Planning staff who advised him that if he wished to expand and add more cars on the site he would have to rezone the property for a salvage yard Mr Gray stated appearance standards could not be applied without a special use rezoning approval Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Rezoning Hearing for Case 11 - 18 Discussion by the Board Commissioner DeVan Barbour stated in reviewing the aerial photo of the subject site , there is a drainage and water flow issue running through the property based on the way the site was previously managed Commissioner Barbour noted that the regulations on salvage yards are strict with regards to environmental issues He also noted that Johnston County Schools did have a concern regarding the traffic Commissioner Tony Braswell agreed that the road is a primary route to North Johnston High School Commissioner Barbour stated that Mr Nwabuike is proposing an operation whereby there would be minimal public coming to the site Commissioner Jeffrey P Carver commented that he understands the operation as Mr Nwabuike selling the car parts over the internet and shipping them via the Post Office Decision on Rezoning Case 11 - 18 Case 11 - 18 Petition to rezone 599 acres of a 1288 acre tract located at 694 Bizzell Grove Church Road in Micro Township from Industrial 1 I - 1 to Industrial 2 – Special Use District I2 - SUD Tax ID 10O07071B Owner Applicant Bright & Company , LLC Commissioner Wade M Stewart moved the Board approve rezoning case 11 - 18 to rezone 599 acres of a 1288 acre tract located at 694 Bizzell Grove Church Road in Micro Township from Industrial 1 to Industrial 2 – Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 11 - 18 Case 11 - 18 To allow for an automotive salvage yard Owner Applicant Bright & Company , LLCPagePage pageNumber7646 December 5 , 2011 – 6 00 pm Continued Those wishing to speak on Special Use Case 11 - 18 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for an automotive salvage yard Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 11 - 18 on August 30 , 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 , stormwater 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 October 18 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 11 - 18 and made the following recommendations Upon a motion by Mr Letchworth to approve the rezoning , seconded by Mr Gathers and carried by a vote of 8 - 1 , with Mr Summerlin voting against , the Planning Board recommended approval of Rezoning for Case 11 - 18 Upon a motion by Mr Letchworth to approve the Special Use Conditions with the addition of no crushing of cars and limiting the storage to 300 cars , seconded by Ms Hackler , carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of the Special Use Conditions for Case 11 - 18 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 This site was built in 1972 as a salvage yard and has been used as such since then We will use the same lot design with improvements and modern applications Our emphasis will be on recycling rather than just a salvage yard We will not allow cars to pile up everywhere We estimate having between two and three hundred , well organized cars at anytime We intend to operate our business with pride and efficiency Staff The applicant will expand an existing used automotive parts salvaging operation and will be subject to the special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of the 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 We have fluid containment areas where fluids are collected in appropriate receptacles and properly disposed of Other hazardous material such as batteries , tires or a c coolant are also collected and properly disposed of Staff The use shall comply 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 Our hours of operation will be Monday through Friday 8 30 - 5 00 and Saturday 8 30 - 1 00 Noise will be maintained at low levels and only during the hours of operation We respect our neighbors and hope to recycle by buying from those in the community , as well as others , items of recyclable value We want to help our neighborhood to explode economically We estimate that we will employ between ten to twenty people within three years Staff The site is located adjacent in a low density area near other large industrial uses , and has good access to major transportation networks , and 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 strategically located on the I - 95 corridor which has been proposed as a future area for commercial development Being so close to I - 95 should help the growth of our business which , in turn , would benefit not only the local community but an extended region of out state 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 To allow for an automotive salvage yard Special Use Conditions 1 Permitted Uses To allow for an automotive salvage yard PagePage pageNumber8647 December 5 , 2011 – 6 00 pm Continued 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class C landscape buffer around the business 3 large trees , 4 small trees , and 12 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal to or more intense than the Class C buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be limited to Monday – Friday 8 00am – 6 00pm , Saturday 8 00am – 2 00pm 7 The outdoor storage yard must be enclosed by an 8 ’ opaque fence 8 Vehicles must be stored 100 ’ from the road right - of - way and 40 ’ from and property line 9 All signage must comply with the sign code 10 Containment and disposal of all automotive fluids to include all petroleum’s , oils , lubricants , and batteries shall meet all local , state , and federal requirements 11 No car crushing allowed on site 12 Shall be limited to no more than 300 vehicles stored on site Mr Gray listed and reviewed each of the special use conditions with the Board Mr Gray specifically noted condition # 5 and pointed out that because the applicant plans to disturb more than one acre of land , he will be required to submit a stormwater plan that will delineate the wetlands Mr Gray stated once the stormwater plan is submitted , staff will be able to accurately identify any wetland issues Mr Gray also noted condition # 8 and stated this condition will require all vehicles on site to be stored behind the existing building where the 100 ’ buffer is located Mr Gray stated the Planning Board recommended adding two conditions that no car crushing will be allowed on site and that the operation will be limited to no more than 300 vehicles stored on site which would include the existing vehicles Chairman Allen L Mims , Jr asked for more information on car crushing Mr Gray reported the Planning Board recommended no car crushing on site to address a concern by a neighboring property owner At the inquiry of Commissioner Tony Braswell , Mr Gray explained that without the special use conditions , staff would not be able to enforce fencing requirements , buffering requirements , setbacks , etc He stated the special use conditions , if approved , will give staff more authority to enforce such requirements and the conditions would apply to the existing operation as well as any expansion by the applicant Applicant Bright Nwabuike , 5305 Logos Court , Raleigh , confirmed he is comfortable with the proposed special use conditions and that he realizes he will have to continue to clean up and improve the site Berry Godwin , 120 Oak Street , Pine Level , spoke on behalf of his mother - in - law , Rosalyn Howes , who owns property surrounding the subject site Mr Godwin spoke on the wetland issues on the property and stated that enforcement of the conditions is a main concern Mr Godwin referenced the previous Case 11 - 16 and stated the case is similar to Mr Nwabuike’s operation ; however , he stated that in Case 11 - 16 the applicant Charles Martin , Jr has a track record of 20 years and his property is in as good of shape now as it was years ago Mr Godwin continued that the subject site has a terrible track record Mr Godwin stated he hoped that by adding special use conditions , it would improve the property ; however , he is still concerned over the enforcement of the conditions Mr Godwin also expressed his concerns regarding school traffic in the area and the hours of operation Commissioner DeVan Barbour agreed that the past track record of the subject site was bad ; however , he stated that history of the property was under previous ownership and Mr Nwabuike has not yet been able to establish a current track record of his own and he is trying to clean up the site Commissioner Barbour stated enforcement is always an issue that the County must contend with Commissioner Barbour also noted that regarding the hours of operation , originally , it was proposed for seven days a week and Mr Nwabuike requested to reduce the hours of operation Chairman Mims commented that regarding enforcement of the conditions , the Board depends on citizens to keep the County aware of possible violations Commissioner Braswell added that once the special use conditions are established , the County will have something it can enforce and if there is a violation , the special use permit can be revoked Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 11 - 18 PagePage pageNumber9648 December 5 , 2011 – 6 00 pm Continued Decision on Special Use Case 11 - 18 Case 11 - 18 To allow for an automotive salvage yard Owner Applicant Bright & Company , LLC Based on the findings of facts and special use conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit for Case 11 - 18 to allow for an automotive salvage yard on 599 acres of a 1288 acre tract located at 694 Bizzell Grove Church Road in Micro Township Commissioner Cookie Pope 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 an automotive salvage yard 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class C landscape buffer around the business 3 large trees , 4 small trees , and 12 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal to or more intense than the Class C buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be limited to Monday – Friday 8 00am – 6 00pm , Saturday 8 00am – 2 00pm 7 The outdoor storage yard must be enclosed by an 8 ’ opaque fence 8 Vehicles must be stored 100 ’ from the road right - of - way and 40 ’ from and property line 9 All signage must comply with the sign code 10 Containment and disposal of all automotive fluids to include all petroleum’s , oils , lubricants , and batteries shall meet all local , state , and federal requirements 11 No car crushing allowed on site 12 Shall be limited to no more than 300 vehicles stored on site 3 Public Hearing – Panhandling and Loitering Ordinances – Johnston County Code of Ordinances Advertised – In The Smithfield Herald – November 23 and November 30 , 2011 The Chairman opened the public hearing to allow public comment on proposed ordinances in the Johnston County Code of Ordinances as it relates to panhandling and loitering County Attorney David Mills explained the proposed ordinances have been drafted in an effort to address the issues regarding panhandling that have been recently discussed by the Board Mr Mills stated the draft ordinances define terms , describe exactly what is prohibited , and provide for a permit procedure Mr Mills specifically highlighted the draft ordinance language that defines “ Beg , solicit or panhandle use of the spoken , written , or printed word , or other acts as are conducted in the furtherance of the purpose of immediately collecting contributions for the use of ones self or others ” and stated “ the use of one’s self or others ” is broad and does not simply take into account traditional panhandling and begging as one might think as it means any request or solicitation for money He continued that organizations such as the Salvation Army and other non - profit organizations in most cases would not fall under the ordinance in that most of the time , they are soliciting money on private property such as Wal - Mart or grocery store parking lots Mr Mills noted there are occasions when groups like the local fire departments solicit funds for various reasons by holding out their boots at intersections and under the proposed ordinance as drafted , those groups would need to obtain a permit because they would be on public property Mr Mills stated the ordinances , as presently drafted , require no charge for the permit and he noted staff has obtained a copy of Wake County’s panhandling permit application and permit form for the Board’s review Mr Mills requested the Board , if the ordinance is adopted , to authorize staff to assemble an application as well as make non - substantive technical revisions to the ordinance language , in case there are typographical errors that need to be corrected Mr Mills briefly reviewed the remainder of the ordinance with the Board and offered to answer any questions Upon a question by Commissioner Jeffrey P Carver , Mr Mills clarified that those non - profit charitable organizations such as the Salvation Army kettle drives would not need to obtain a permit if the soliciting is done on private property under the proposed ordinance as drafted Chairman Allen L Mims , Jr asked Mr Mills to explain how panhandling is protected by the Constitution for the audience Page0649 December 5 , 2011 – 6 00 pm Continued Mr Mills reported the Constitution provides for the freedom of speech and begging is considered a form of free speech He continued that whenever there is an activity that is protected by the Constitution , that activity cannot be prohibited but it can be regulated by the government Mr Mills stated any regulation upon a constitutionally protected act must be narrowly tailored , provide for an alternative method , serve a governmental interest , and must be content neutral Commissioner Wade M Stewart asked Mr Mills to explain the difference between public and private property as it relates to road rights - of - way and how panhandling is affected under the proposed ordinance Mr Mills explained that an example of a scenario where a permit would not be required would be a non - profit organization such as the Salvation Army soliciting funds in a Wal - Mart parking lot The parking lot is owned by Wal - Mart and is considered private property whereupon it would be Wal - Mart’s decision to allow the soliciting He stated in a situation where the soliciting is taking place in the public road right - of - way , the solicitor would have to obtain a panhandling permit under the proposed ordinance draft Mr Mills stressed that panhandlers , being individuals or non - profit organizations , may not solicit funds on private property unless the property owner agrees Mr Mills stated in the cases where there is a question if the area is private or public property , it would be incumbent upon the Sheriff to make that determination Commissioner Tony Braswell questioned if panhandlers would actually come in and obtain a permit Commissioner DeVan Barbour asked , in the cases for non - profit organizations such as the Salvation Army , would each person that is collecting for the Salvation Army need to come in and obtain a permit , or could one representative from the Salvation Army apply for the permit Mr Mills stated if the non - profit organization’s individual volunteers were soliciting on public property , as the proposed ordinance is presently drafted , each individual would need to obtain a permit Mr Mills noted the language is a proposed draft and can be revised or reworded by the Board Commissioner Stewart stated it is his assumption that most of the complaints involved panhandlers approaching cars in private parking lots and the proposed ordinance as drafted would do nothing for those types of panhandling problems on private property Chairman Mims commented the permit requirement would provide for an identification procedure which would help property owners report panhandlers to the Sheriff’s Department Chairman Mims asked Mr Mills to explain the penalties for someone that does not obtain a permit Mr Mills stated the punishment for being caught soliciting without a permit on public property is a Class 3 Misdemeanor which is the lowest level of misdemeanors Marlene Hill , Executive Director for the Greater Cleveland Chamber of Commerce , spoke on a personal incident she experienced with a panhandler coming in to her office as well as other incidents in the Cleveland area Ms Hill stated she has witnessed groups of panhandlers being dropped off to solicit funds at the I - 40 NC 42 area Ms Hill also stated she has received a lot of complaints from citizens where panhandlers have approached their cars knocking on their windows and soliciting funds Ms Hill reported that since Wake County adopted their panhandling ordinance last month , she has seen an increase in panhandlers in the Cleveland area Commissioner Stewart stated his personal issue with adopting an ordinance is that by issuing permits , it almost makes panhandling into a new profession Ms Hill stated the proposed ordinance would help to stop panhandling in that she does not believe panhandlers will come to the Sheriff’s Office and obtain a permit Ms Hill asked the Board to consider exempting non - profit organizations such as the Salvation Army and the fire departments from getting a permit Mr Mills advised that he did not believe the County could limit the ordinance by exempting the non - profit organizations from getting a permit Chairman Mims noted that the non - profit organizations could obtain permission from private property owners like Wal - Mart and the grocery stores so they could solicit on private property without obtaining a permit Page1650 December 5 , 2011 – 6 00 pm Continued Danny Thompson , 1104 S Pleasant Coats Road , Benson , stated he believes that 90 of panhandling is done on private property which the Board could do nothing about Mr Thompson stated he has witnessed multiple panhandlers at the I - 40 NC 42 interchange walking up and down the road with signs and approaching cars soliciting funds Mr Thompson added there are panhandlers in the McGee’s Crossroads area that are camping out and soliciting funds Mr Thompson stated if the County is going to issue permits , there should be a fee and background checks should be performed Mr Thompson also noted his opinion that issuing a permit would legalize panhandling Chairman Mims stated the purpose of issuing a permit is not to legalize panhandling , but rather to help identify solicitors that are engaged in aggressive panhandling or who may be violating the ordinance Commissioner Barbour noted that just as with all other County ordinances , they are documents that are works in progress and could be tweaked as needed Commissioners Stewart and Barbour indicated a fee should be charged for the permit to cover costs associated with background checks , etc Chairman Mims stated he does not have a problem charging for permits to groups individuals that treat panhandling as a business ; however , he continued that he does have a problem with charging someone who has lost their job , has exhausted all resources , and is trying to get money to feed their family Allyson Caison , 312 North Massey Street , Selma , addressed the Board and stated that many times people involved with panhandling are homeless and are soliciting because they have mental health issues Ms Caison stated society is being eroded and there are not enough resources for the homeless Ms Caison stated she has personally worked with a homeless couple that has panhandled and she noted that most homeless people do not want to be in that position She asked to the Board not to “ demonize ” the homeless Amelia Pleasant , business owner in the I - 40 NC 42 area , spoke on the problems she sees with panhandlers approaching women in their vehicles soliciting money Ms Pleasant stressed that such situations can be frightening for women and that many times a woman will give the panhandler money so they will go away Ms Pleasant stated she no longer shops at the grocery store in the McGee’s Crossroads area at night because of panhandlers Ms Pleasant stated she believes the problem with panhandling is not due to homeless people , but it is rather with individuals that are making a living from panhandling She asked the Board to consider a shorter permit time noting that one year is too long She also asked the Board to consider charging for the permit Upon a question by Commissioner Cookie Pope , Mr Mills stated Wake County does not charge for their permit Commissioner Stewart asked Mr Mills what would prevent the County from charging for the permit Commissioner Stewart spoke on the difficulty of finding a solution for an issue that is protected by the Constitution Mr Mills advised that by charging for the permit , it may provide the panhandlers with grounds to challenge the ordinance At the inquiry of Commissioner Braswell , Mr Mills stated the County can adopt an ordinance that prohibits aggressive panhandling and the ordinance would be enforceable unless someone successfully challenges it Mr Mills continued that so long as aggressive panhandling is defined in a specific and narrowly tailored way , he believes the ordinance would survive a challenge Commissioner Braswell reiterated that some of the panhandling problems are taking place on private property which the Board could do nothing about Marlene Hill stated that if panhandlers had to come in for a background check she believes they will move on to other areas There being no further comments , the Chairman closed the public hearing Commissioner Jeffrey P Carver moved the Board adopt the panhandling and loitering ordinances as presented , with revisions that the permit shall be valid for 30 days with the initial 30 day permit being free of charge and each 30 day permit thereafter having a charge of 2000 with an effective date of January 15 , 2012Page2651 December 5 , 2011 – 6 00 pm Continued ordinance text follows Commissioner DeVan Barbour seconded the motion which carried by the following vote Ayes Commissioners Allen L Mims , Jr , Jeffrey P Carver , Cookie Pope , W Ray Woodall , DeVan Barbour , and Tony Braswell Nays Commissioner Wade M Stewart Note Because the vote was not unanimous , a second vote will be required at the January 3 , 2012 6 00 pm meeting Authorization for Staff Commissioner Cookie Pope moved the Board authorize staff to assemble a permit application as well as to make non - substantive technical revisions to the panhandling loitering ordinances Commissioner W Ray Woodall seconded the motion which carried by unanimous vote Changes from December 5 , 2011 6 00 pm meeting are in red and highlighted Sec ____ - Public solicitation and begging regulated a Definitions Accosting approaching or speaking to an individual or individuals in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his or her person , or upon property in his or her immediate possession Beg , solicit or panhandle use of the spoken , written , or printed word , or other acts as are conducted in the furtherance of the purpose of immediately collecting contributions for the use of ones self or others As used in this ordinance , the word , solicit , and its forms , includes begging and panhandling Financial Institution any bank , industrial bank , credit union , savings and loan , or automated teller machine Forcing oneself upon the company of another 1 Continuing to solicit in close proximity to the individual addressed after the person to whom the solicitation is directed has made a negative response , either verbally , by physical sign , by attempting to leave the presence of the person soliciting , or by other negative indication ; 2 Blocking the passage of the individual solicited ; or 3 Otherwise engaging in conduct that could reasonably be construed as intending to compel or force a person to accede to a solicitation b Prohibited acts 1 It shall be unlawful for any person to beg , solicit , or panhandle , as defined in subsection a , above a By accosting another , or by forcing oneself upon the company of another ; b Within 100 feet of any financial institution ; c Within 20 feet of any bus stop , train station , or taxi stand ; d Within 20 feet of any commercial establishment which is open for business ; e While the person being solicited is standing in line waiting to be admitted to a commercial establishment ; f By touching the person being solicited without that persons consent ; g By blocking the path of a person being solicited or blocking the entrance or exit to any building or vehicle ; h By following the person who has been solicited after that person has declined the request or walked away ; i By or with the use of threatening , profane , or abusive language , during the solicitation or following an unsuccessful solicitation ; j By or with the use of any gesture or act intended to cause a reasonable person to be fearful of the solicitor or feel compelled to accede to the solicitation ; k Between the hours of 8 00 pm and 6 00 am ; l While under the influence of alcohol or after having illegally used any controlled substance , as defined in the North Carolina Controlled Substance Act ; m By using false or misleading information such as stating that the donation is needed to meet a specific need which does not exist , is already met , or when the requestor already possesses the funds necessary to meet the stated need ; or such as representing that the solicitor is a veteran when the requestor is in fact not a veteran of the military ; n By indicating that the solicitor or any member of his family suffers from a physical or mental disability when such information is false ; o Without having and displaying a valid permit as required by Section _____ c Penalty A violation of this ordinance is a misdemeanor as set forth in North Carolina General Statute Section 14 - 4 State law reference — Authority to prohibit or regulate begging , GS 160A - 179 Page3652 December 5 , 2011 – 6 00 pm Continued Sec _____ - Loitering a In this section , the following words and phrases shall have the meanings respectively ascribed to them Public place shall mean any place to which the general public has access and a right of resort for business , entertainment or other lawful purpose , but does not necessarily mean a place devoted solely to the uses of the public It shall also include the front or immediate area of any store , shop , restaurant , tavern or other place of business and also public grounds , areas or parks b It shall be unlawful for any person to loiter , loaf , wander , stand or remain idle either alone or in consort with others in a public place with the intent to , or in such a way as to 1 Obstruct any public street , public highway , public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles , traffic or pedestrians ; or 2 Obstruct the entrance to any business establishment , without so doing for some lawful purpose , if contrary to the expressed wish of the owner , lessee , managing agent or person in control or charge of the building or premises When any person causes or commits any of the conditions in this section , a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse Any person who fails or refuses to obey such orders shall be guilty of a violation of this section c A violation of this ordinance is a misdemeanor as set forth in North Carolina General Statute Sec 14 - 4 Sec _____ – Permit Requirement a It shall be unlawful for any person to beg , solicit , or panhandle within the road rights - of - way or other public property without first obtaining a valid permit , which shall be issued without fee by the Sheriff of Johnston County , or his designee A permit shall be valid for 30 days one year from the date of issuance , or until some other date specified on the permit , or until the permit is revoked with the initial 30 day permit being free of charge and each 30 day permit thereafter having a charge of 20 per permit If a person’s permit is revoked for any reason , that person shall be ineligible for a permit for a period of two 2 years from the date of revocation Any revocation of a permit may be appealed to the Sheriff , or his designee , if the appeal is taken within ten 10 days of notice of the revocation b A permitee shall keep the permit about his or her person and shall display it at all times 1 A person is not eligible for a permit or renewal of a permit if within the two - year period prior to application a The applicant has one or more violations of this Chapter ; b The applicant has been convicted of one or more offenses under the law of any jurisdiction which involves either misdemeanor or felony assault , communicating threats , illegal use of weapons , or other violent crime ; or c The applicant has been convicted of one or more offenses under the law of any jurisdiction which involves either misdemeanor or felony crimes relating to or in the nature of larceny , embezzlement , theft , obtaining property by false pretenses , or racketeering 2 The sheriff shall provide the licensee with a copy of this Chapter at the time a permit is issued or renewed 3 Any person who makes any false or misleading statement while applying for a permit is guilty of a misdemeanor Upon receipt of information of such a violation , the Sheriff shall decline to issue a permit to the applicant or shall revoke the permit if already issued The applicant or permit holder shall thereafter be ineligible for a permit for a period of two 2 years c Permit Procedure 1 The applicant shall submit an application to the Sheriff along with a valid state - issued photo identification The Sheriff shall perform a criminal background check to determine eligibility of the applicant The permit shall be valid for 30 days one 1 year or until disqualified or revoked The initial 30 day permit will be free of charge and each 30 day permit thereafter will have a charge of 20 per permit 2 Any permit issued under this article is non - transferable 3 Any party who disagrees with the Sheriff’s decision to deny or revoke a permit shall have the right to an appeal to the Sheriff , if such appeal is requested in writing or in person at the office of the Sheriff within ten 10 days of the denial or revocation The Sheriff shall schedule an in - person conference with the appealing party to be held not later than the end of business on the second business day following the request for an appeal The Sheriff shall issue a final decision within 24 hours of the conclusion of the conference A party aggrieved by the Sheriff’s final decision may appeal the decision to the Board of Adjustment by delivering a written request for an appeal to the Clerk of the Board of Commissioners within ten 10 days of the Sheriff’s final decision d As used herein , the term “ Sheriff ” shall include the Sheriff and such person as the Sheriff may from time to time designate to act in the Sheriff’s stead for purposes of this Chapter e The permit requirements herein shall not apply to a person soliciting , begging , or panhandling on private property if the solicitor has the permission of the property owner The Board took a five minute recess Page4653 December 5 , 2011 – 6 00 pm Continued 4 NC Stop Torture Now Quaker House Chuck Fager , 223 Hillside Avenue , Fayetteville , North Carolina , addressed the Board and provided a written summary of recent events that his organization believes indicates the accountability of those who kidnap and abuse detainees domestically and internationally 5 Manager Reports and Comments A Request for Board to Review Financials County Manager Rick Hester recalled that during the FY 11 - 12 budget discussions he had asked the Board to consider reviewing the County’s financials mid - fiscal year to determine if any consideration could be given with regards to employee wages He asked the Board to consider reviewing the financials after December 31 , 2011 B Tax Exempt Loan Status – Antioch Fire Department Commissioner Jeffrey P Carver requested recusal from the discussion and voting on the request , and the Board agreed by consent Clerk to the Board Paula Woodard reported that the Board had adopted a resolution granting tax exempt loan status to the Antioch Fire Department at the June 2011 meeting so they could purchase a 2011 F - 550 Extended Cab 4x4 Brush Truck at a cost of 52,14368 Ms Woodard explained that there have been a few delays with the purchase by the Antioch Fire Department ; however , they are now ready to complete the purchase Due to the delays , the Fire Department now wishes to purchase a 2012 F - 550 Extended Cab 4 x 4 Brush Truck for the same cost as the 2011 truck Ms Woodard noted the loan terms and amount would remain the same She asked the Board to adopt a new resolution approving tax exempt loan status for the Antioch Fire Department to purchase a 2012 truck rather than the 2011 truck Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board adopted the resolution , as follows NOW , THEREFORE , BE IT HEREBY RESOLVED , that the Board of Commissioners of Johnston County , North Carolina , does hereby approve a tax - exempt loan to the Antioch Volunteer Fire Department of Johnston County , North Carolina the “ VFD ” , from First Citizens Bank , in a principal amount not to exceed 52,14368 , which loan is for the following purpose 2012 F - 550 Extended Cab 4X4 Brush Truck , which will be owned and operated by the VFD , and will be maintained at the following address 8604 NC 39 Hwy , Middlesex , NC 27577 RESOLVED , FURTHER , that the approval of the loan to the VFD set forth above is given solely for purposes of the public approval requirements for tax - exempt financing applicable to the VFD because of Section 150 e 3 and Section 147 f of the Internal Revenue Code of 1986 , as amended , and such approval does not obligate the County or its Board of Commissioners in any way regarding repayment of the debt 6 Board Reports and Comments Chairman Allen L Mims , Jr thanked his fellow Commissioners for re - electing him as the Chairman for 2012 There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The meeting adjourned at 8 40 pm Allen L Mims , Jr , Chairman Paula G Woodard , Clerk to the BoardPage