April 12, 1999 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 370 April 12 , 1999 The Johnston County Board of Commissioners met in regular session , Monday , April 12 , 1999 , at 7 00 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Jerry F Wood , DDS , Eleanor N Creech , Thomas M Moore , Wade M Stewart and Allen L Mims , Jr Absent None Also Present Rick Hester , Interim County Manager , Joyce H Ennis , Clerk to the Board , and Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted 1 Public Hearing - Rezoning Cases Advertised - The Smithfield Herald - April 2 and April 9 , 1999 Certified letters were mailed to adjoining property owners on April 1 , 1999 , and notices were posted at the locations on March 26 , 1999 The Chairman opened the public hearing and invited anyone who wished to comment on the following rezoning cases Case 385 Petition to rezone approximately 3665 acres located on SR 1555 Barber Mill Road in Clayton Township from Agricultural Residential 40 to Residential 30 Owners and Applicants Leonard Barnes , Michael Barnes and Dennis Barnes Cal Genereux , Planning Director , indicated the property on the GIS Map and noted that it is located on the southern end of Barber Mill Road There is a 50 strip that connects the property to Barber Mill Road The surrounding zoning is Residential 30 and Agricultural Residential 40 Special Use District Phyllis Hicks , Zoning Enforcement Officer , showed photographs of the property and its surrounding area Based on past data , Mr Genereux provided comparative information between R - 30 and R - 40 zoning , pointing out the impact R - 30 might have on schools and traffic in the area He noted the Planning Board recommended approval Case 386 Petition to rezone approximately 2817 acres located on SR 1528 Page Road in Cleveland Township from Agricultural Residential 40 to Residential 30 Owners and Applicants James Gerald Hobby and Sally J Hobby Mr Genereux pointed out the property on the GIS Map , and noted it is located along the Wake County line , near NC 42 , south of NC 42 50 Interchange This property would be an addition to property rezoned R - 30 last month The only access road is through an existing subdivision in Wake County , however , Johnston County’s Page Road ends approximately 300 from the property line Surrounding zoning is AR R - 40 , Mobile Home Park District , Residential 30 , and some small commercial Photographs of the property showed several houses in the area Sonny Johnson , 341 Sonny Road , noted this tract along with adjacent property will be developed and attached to an existing subdivision his company developed in Wake County Water will be provided from the Cleveland Water District In response to questions from the Board , Mr Johnson assured the Board he is negotiating with landowners for an access into Johnston County He explained the access road in Wake County is private at this time , but should be taken over by the State in the near future Mr Genereux informed the Board the Planning Board recommended approval , but expressed the need for another access to the property Case 390 Petition to rezone three parcels totaling approximately 2962 acres located on SR 1168 Tarheel Road in Banner Township from Agricultural Residential 40 toPage371 Residential 30 Owner WMJ Developers , LLC , Agent Jim Johnson Mr Genereux directed the Board’s attention to the property on the GIS Map and noted it is located near NC Hwy 50 , north of Benson on Tarheel Road Surrounding zoning is AR R - 40 , Residential 30 , and Interstate Overlay District The property would be served by a private water system Ms Hicks showed several photographs of the property and surrounding area Jimmy Johnson of WMJ Developers stated that due to the irregular shape of the property and soil conditions , R - 30 would allow better use of the parcel He offered to answer questions Mr Genereux noted the Planning Board recommended approval , however , several members did voice concern about a private water system at this location Case 391 Petition to rezone approximately 369 acres located at the intersection of SR 1561 Lee Road and SR 1560 Ranch Road in Clayton Township from Agricultural Residential 40 to Highway Business 4 - Special Use District Owner Carolina Packers , Inc Agent Linwood Jones Mr Genereux pointed out the small triangular piece of property at the intersection of Ranch and Lee Roads near Barber Mill Road He noted this parcel is located near the proposed Clayton Bypass Surrounding zoning is Mobile Home Park District , Residential 30 , and Agricultural Residential 40 Special Use District Ms Hicks showed several photographs of the tract Steven Sanderson with Southwind Surveying and Mapping stated , in his opinion , the proposed use is appropriate since it will provide services not currently available in the area to the many families in the surrounding subdivisions Traffic should be reduced since residents would be able to obtain this service without having to travel to nearby towns Mr Sanderson asked the board for a favorable response Linwood Thornton , CFO at Carolina Packers , agreed this site is appropriate for the requested rezoning and noted he would be willing to work with the Planning Staff to make this use fit well in the neighborhood Mr Genereux stated the Planning Board recommended approval citing the impact of the Clayton Bypass and the need for the service in the vicinity Case 392 Petition to rezone three parcels totaling approximately 11438 acres located at the intersection of SR 1561 Lee Road and SR 1555 Barber Mill Road in Clayton Township from Agricultural Residential 40 to Residential 30 Owners Carolina Packers , Inc and Shirley A Bell Hubert Bell Heirs Agent Linwood Jones Mr Genereux indicated the property on the GIS Map and noted the three parcels are located across the road from the previous rezoning request County water is available on Barber Mill Road Surrounding zoning is AR R - 40 , MHPD and Residential 30 Ms Hicks showed several photographs of the property Mr Genereux explained that staff is concerned about the possible traffic problems that will arise at this location when the Clayton Bypass is built In order to prevent traffic bottlenecks at two T - intersections , Ranch Road could be extended through this property to Barber Mill Road , or Lee Road could be straightened to run into Ranch Road without coming to a T He asked Planner Dave Roesler to share with the Board conversations he has had with the Department of Transportation concerning this matter Mr Roseler reported he talked with a Rhett Fussell , the transportation engineer working on the County’s Throughfare Plan , and was told the State will conduct a study of possible traffic flow from the bypass to see what changes need to be made Currently DOT seems to favor straightening Lee Road , but they may come back and decide on an extension of Ranch Road which would affect this property Steven Sanderson of Southwind Surveying and Mapping noted the developers have also been looking at this situation and feel straightening Lee Road might be a better solution , however that scenario would most likely impact the previous rezoning request for them He noted a stream bisectsPage372 these parcels , which would require buffers on each side , and with additional areas of wetland and unsuitable soils , the number of lots would be reduced The average lot size will be larger than 30,000 square feet Linwood Thornton , representing Carolina Packers , noted the owners would be willing to work with the Planning Staff and DOT He pointed out , however , the stream in the middle of the property actually branches off into another tributary , which could create additional problems if DOT decides to extend Ranch Road through the property He noted a conservation easement will be provided on each side of the stream , and homeowners will be made aware the buffers will have to be maintained Mr Genereux noted the Planning Board recommended approval Case 393 Petition to rezone two parcels totaling approximately 495 acres located at the intersection of NC 42 and SR 1525 Cornwallis Road in Cleveland Township from Residential 30 to Residential 10 Owners Jesse Austin and Lynda Austin Agent Don Rockwell Mr Genereux announced this property was advertised as a regular R - 10 in error The Planning Board recommended R - 10 Special use District Since R - 10 SUD is more restrictive than R - 10 , the case can be heard for rezoning , however a separate advertised hearing for a special use permit will have to be done at a later meeting He indicated the property on the GIS Map and noted it is located at the intersection of NC 42 and Cornwallis Road , adjacent to Austin Pond Subdivision Surrounding zoning is Residential 30 , Commercial zoning non - conforming , Mobile Home Park District and Planned Unit Development to the North Ms Hicks showed photographs of homes in the existing Subdivision th Don Rockwell , representing the owners , stated the proposed site is the 4 Phase of Austin Pond Subdivision When the developer did Phase III he realized that sewer was a necessity , therefore he put in a sewer lift station to take care of Phase III and IV , as well as the additional satellite area They are requesting R 10 to increase the number of potential lots from 45 to 60 , however no lots would be smaller than 20,000 square feet Jay Rouse , resident of Austin Pond Subdivision favored the rezoning to R - 10 Special Use District Jack Coops , who also lives in Austin Pond Subdivision , agreed but did note there should be a requirement for a second entrance when the density is increased He also reported some street signs have never been erected in the existing subdivision , which creates problems in case of emergency situations , and felt further development should not be allowed until this is corrected Mr Rockwell responded that there are two entrances , one on Cornwallis Road and one on NC 42 He noted the street signs have been ordered and should be erected in a few weeks Mr Genereux stated the Planning Board recommended approval Case 394 Petition to rezone approximately 333 acres located on SR 2518 Red House Road in Boon Hill Township from Agricultural Residential 40 to General Business 1 - Special Use District Owner and Applicant James Wilson Capps Mr Genereux indicated the property on the GIS Map and noted this is located near Brogden Road The parcel proposed for rezoning is a portion of a 17 acre tract owned by Mr Capps and his family Surrounding zoning is mostly Agricultural Residential 40 A photograph of the property shows mature woods on all three sides Attorney Marshall Miller , representing the owner , stated Mr Capps resides on the property and has been a resident of the community for over 20 years , operating his business since 1990 There are nine adjoining property owners who are aware of Mr Capps intentions and express overwhelming support Marcell Allen of Braswell Road stated that she has lived in the community for 40 years and has known Mr Capps all of his life He is well respected and provides a valuable service to the community She asked the Board to approve the rezoning Page373 James E Capps , owner , asked the Board to approve the rezoning so he can continue his work Mr Genereux stated the Planning Board recommended approval as a special use district There being no further comments , the Chairman closed the public hearing 2 Decisions on Rezoning Cases Case 385 Petition to rezone approximately 3665 acres located on SR 1555 Barber Mill Road in Clayton Township from Agricultural Residential 40 to Residential 30 Owners and Applicants Leonard Barnes , Michael Barnes and Dennis Barnes Commissioner Thomas M Moore moved the Board approve rezoning case 385 for Leonard Barnes , Michael Barnes and Dennis Barnes of approximately 3665 acres located on SR 1555 Barber Mill Road in Clayton Township from Agricultural Residential 40 to Residential 30 Commissioner Jerry F Wood seconded the motion , which carried by the following vote Yes James H Langdon , Jr , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Eleanor N Creech , and Jerry F Wood No Cookie Pope Case 386 Petition to rezone approximately 2817 acres located on SR 1528 Page Road in Cleveland Township from Agricultural Residential 40 to Residential 30 Owners and Applicants James Gerald Hobby and Sally J Hobby Commissioner Jerry F Wood moved the Board approve rezoning case 386 Commissioner Thomas M Moore seconded the motion The following discussion followed Commissioner Allen L Mims , Jr , as well as other Board members , again expressed concern about this property not having access in Johnston County In response Mr Genereux stated the plat for earlier sections of the subdivision does not show a stub out to Page Road or to any other adjacent piece of property that could provide Johnston County access However , the plat for development of this property , which is closest to Page Road , will be reviewed by the Planning Board at their next meeting , and since this is a public safety issue , the County can require access He noted he would make this recommendation to the Planning Board Following further discussion , Commissioner Jerry F Wood moved the Board table the previous motion until next month Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote Case 390 Petition to rezone three parcels totaling approximately 2962 acres located on SR 1168 Tarheel Road in Banner Township from Agricultural Residential 40 to Residential 30 Owner WMJ Developers , LLC , Agent Jim Johnson Commissioner Jerry F Wood moved the Board approve rezoning case 390 for three parcels totaling approximately 2962 acres located on SR 1168 Tarheel Road in Banner Township for WMJ Developers , LLC Commissioner Wade M Stewart seconded the motion which carried by the following vote Yes James H Langdon , Jr , Wade M Stewart , Cookie Pope , Eleanor N Creech , Thomas M Moore , Jerry F Wood No Allen L Mims , Jr Case 391 Petition to rezone approximately 369 acres located at the intersection of SR 1561 Lee Road and SR 1560 Ranch Road in Clayton Township from Agricultural Residential 40 to Highway Business 4 - Special Use District Owner Carolina Packers , Inc Agent Linwood Jones Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 391 for Carolina Packers , Inc of approximately 369 acres located at the intersection of SR 1561 Lee Road and SR 1560 Ranch Road in Clayton Township from Agricultural Residential 40 to Highway Business 4 - Special Use DistrictPagePage pageNumber5374 Case 392 Petition to rezone three parcels totaling approximately 11438 acres located at the intersection of SR 1561 Lee Road and SR 1555 Barber Mill Road in Clayton Township from Agricultural Residential 40 to Residential 30 Owners Carolina Packers , Inc and Shirley A Bell Hubert Bell Heirs Agent Linwood Jones Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Wade M Stewart , and carried by unanimous vote , the Board tabled rezoning case 392 until next month in order to obtain further information from the Department of Transportation concerning future plans for Ranch Road and or Lee Road Case 393 Petition to rezone two parcels totaling approximately 495 acres located at the intersection of NC 42 and SR 1525 Cornwallis Road in Cleveland Township from Residential 30 to Residential 10 Owners Jesse Austin and Lynda Austin Agent Don Rockwell Commissioner Thomas M Moore moved the Board approve rezoning case 393 for Jesse Austin and Lynda Austin for two parcels totaling approximately 495 acres located at the intersection of NC 42 and SR 1525 Cornwallis Road in Cleveland Township from Residential 30 to Residential 10 Special Use District Commissioner Allen L Mims , Jr seconded the motion , which carried by the following vote Yes James H Langdon , Jr , Allen L Mims , Jr , Wade M Stewart , Eleanor N Creech , Thomas M Moore , and Jerry F Wood No Cookie Pope Case 394 Petition to rezone approximately 333 acres located on SR 2518 Red House Road in Boon Hill Township from Agricultural Residential 40 to General Business 1 - Special Use District Owner and Applicant James Wilson Capps Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 394 for James Wilson Capps of approximately 333 acres located on SR 2518 Red House Road in Boon Hill Township from Agricultural Residential 40 to General Business 1 - Special Use District 3 Public Hearing - Special Use Permits Advertised - The Smithfield Herald - April 2 and April 9 , 1999 Certified letters were mailed to adjoining property owners on April 1 , 1999 , and notices were posted at the locations on March 26 , 1999 The Chairman opened the public hearing and invited anyone who wished to comment on the following requests for special use permits Persons wishing to speak on Cases 391 and 394 were sworn in by the Clerk Case 391 Special Use Permit application for a convenient store on approximately 369 acres located at the intersection of SR 1561 Lee Road and SR 1560 Ranch Road in Clayton Township Owner Carolina Packers , Inc , Agent Linwood Jones Mr Genereux provided copies of the owners ’ site plan showing the proposed convenience store He noted staff has reviewed this and has only some minor recommendations concerning landscaping plans The Planning Board recommended approval based on findings of fact and review of the site plan Steven Sanderson , representing the owner , stated a convenience store will serve a need for the community , and will prevent local residents from having to travel to the nearest town for this service Case 394 Special Use Permit application for a automotive repair shop , body shop and wrecker service on approximately 333 acres located on SR 2528 Red House Road in Boon Hill Township Owner and Applicant James Wilson Capps Mr Genereux provided the Board with copies of the site plan He noted this case has been heard before and has come back for consideration because of the support from the Community The Planning Board recommended approval with conditions and based on findings of fact and conditions concerningPagePage pageNumber6375 the operating procedures for the business Attorney Marshall Miller noted when this case was first heard , there were concerns the site might become a junk yard He stressed this is not Mr Capps ’ intention He will comply with all buffer zones , plant pine trees and shrubs , and all cars will be inside a slatted chain - length fence There will be no salvaging and cars will not remain on the property longer than 90 days There being no further comments from the public , the Chairman addressed the following questions to Mr Genereux concerning Special Use Permit Cases 391 and 394 1 Mr Genereux , was a pre - application conference held by the Planning Department with the applicants on these cases Response Yes Sir 2 Did the applicants meet the requirements at that time by providing sketch plans illustrating the location , size and major design elements of the development of the sites Response Yes Sir 3 Did your department prepare an analysis of the applications including conformity with zoning , subdivision , soil erosion and sedimentation , and health regulations Response Yes , we did 4 Did the Planning Board advertise and hold a hearing open to the public Response Yes , Sir 5 Was written certification sent to the adjacent property owners in a timely fashion Response Yes Sir 6 What is the recommendation of the Planning Board Response The Planning Board recommended approval of both Case 391 and Case 394 Chairman Are conditions attached to these cases Response Yes Sir for Case 394 the following requirements for operating procedures were recommended Operating Procedures The business will continue to be operated as a family corporation It will remain solely family owned and operated There are presently two employees in addition to James Capps If the building is approved , Mr Capps will hire one additional employee for a total of four employees , including himself The business will be limited to mechanical work , bodywork , towing and storage of cars for the statutory ninety days It will at no time become a salvage yard or engage in the practice of selling used parts The hours of operation , in reference to the mechanical work and the bodywork , will be 7 00 am until 6 00 pm , Monday through Friday On Saturday , the hours of operation will be 7 00 am until 12 00 pm There will be no work done outside of these hours so as to ensure the compatibility of it with the surrounding residential areas As to the wrecker service , due to the nature of the business , it is in operation twenty - four hours a day and seven days a week However , it should be noted this only entails picking the car up from a designated site and returning to the storage area to unload it There will be a minimal amount of activity surrounding this aspect of the business The method of disposal of the stored cars is clearly set out by the North Carolina General Statutes , which Mr Capps follows The car , once towed , is held for a ninety - day period He is required to attempt contact with the last registered owner of the car at the end of that period to inform them they must retrieve their car or it will be disposed of immediately If there is no contact or the person fails to retrieve the car , there is a notice published in the local newspaper announcing a public auction of the car That auction will be held inside the fenced in area where the car is located The highest bidder gets the car If there are no bidders on the car , then Mr Capps removes the car and takes to a local salvage yard where he sells the car as salvage The process ensures that the cars stay on the lot a minimal amount of time and protects the area from becoming over run with stored automobiles Chairman Mr Genereux , please read to this Board the summary of the evidence supporting the Planning Board’s recommendation Response Mr Genereux read the following evidence of support found by the Planning Board on Case 394 Case 391 1 The use is in compliance with the general development goals of the County 2 The use will provide a service not otherwise available in the area Case 394 1 The use will provide a needed service in the community 2 The site will be well landscaped 3 The site will not affect adjoining property values 7 Did you notify the applicants in writing of the Planning Board’s recommendations Response Yes Sir 8 Are the applicants aware that if the Commissioners deny the request that no application can be accepted for the same or a similar use affecting the same property for a period of twelve 12 months Response Yes Sir 9 Are the applicants aware that the right of appeal to the Board of Adjustment must be exercisedPagePage pageNumber7376 within thirty 30 days of this date Response Yes Sir 10 Are the applicants aware that the permit will expire at the end of twelve 12 months if they have not used as permitted within that time period Response Yes There being no further comments , the Chairman closed the public hearing 4 Decisions on Special Use Permits Case 391 Special Use Permit application for a convenient store on approximately 369 acres located at the intersection of SR 1561 Lee Road and SR 1560 Ranch Road in Clayton Township Owner Carolina Packers , Inc , Agent Linwood Jones Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Carolina Packers , Inc , for a convenient store on approximately 369 acres located at the intersection of SR 1561 Lee Road and SR 1560 Ranch Road in Clayton Township based on the site plan presented and the following findings of fact 1 The use is in compliance with the general development goals of the county 2 The use will provide a service not otherwise available in the area Case 394 Special Use Permit application for a automotive repair shop , body shop and wrecker service on approximately 333 acres located on SR 2528 Red House Road in Boon Hill Township Owner and Applicant James Wilson Capps Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to James Wilson Capps for a automotive repair shop , body shop and wrecker service on approximately 333 acres located on SR 2528 Red House Road in Boon Hill Township based on the following conditions and findings of fact Conditions Operating Procedures The business will continue to be operated as a family corporation It will remain solely family owned and operated There are presently two employees in addition to James Capps If the building is approved , Mr Capps will hire one additional employee for a total of four employees , including himself The business will be limited to mechanical work , bodywork , towing and storage of cars for the statutory ninety days It will at no time become a salvage yard or engage in the practice of selling used parts The hours of operation , in reference to the mechanical work and the bodywork , will be 7 00 am until 6 00 pm , Monday through Friday On Saturday , the hours of operation will be 7 00 am until 12 00 pm There will be no work done outside of these hours so as to ensure the compatibility of it with the surrounding residential areas As to the wrecker service , due to the nature of the business , it is in operation twenty - four hours a day and seven days a week However , it should be noted this only entails picking the car up from a designated site and returning to the storage area to unload it There will be a minimal amount of activity surrounding this aspect of the business The method of disposal of the stored cars is clearly set out by the North Carolina General Statutes , which Mr Capps follows The car , once towed , is held for a ninety - day period He is required to attempt contact with the last registered owner of the car at the end of that period to inform them they must retrieve their car or it will be disposed of immediately If there is no contact or the person fails to retrieve the car , there is a notice published in the local newspaper announcing a public auction of the car That auction will be held inside the fenced in area where the car is located The highest bidder gets the car If there are no bidders on the car , then Mr Capps removes the car and takes to a local salvage yard where he sells the car as salvage The process ensures that the cars stay on the lot a minimal amount of time and protects the area from becoming over run with stored automobiles Findings of Fact 1 The use will provide a needed service in the community 2 The site will be well landscaped 3 The site will not affect adjoining property values 5 Request for Finding for Wise Recycling Use Mr Genereux explained that Wise Recycling , who is considering a new operation in JohnstonPagePage pageNumber8377 County , collects aluminum , shreds it and bales it before sending it to another facility The operation does not include smelting or melting of the aluminum The Zoning Ordinance does not address this type of use , however , in cases where this is the case , it does allow the Planning Board and County Commissioners to approve appropriate use and zoning designation The Planning Board agreed this use is appropriate for I - 1 zoning designation Upon a motion by Commissioner Allen L Mims , Jr , seconded by Cookie Pope , and carried by unanimous vote , the Board approved the operation of Wise Recycling as appropriate use for I - 1 zoning Public Comments 6 Brogden Water District - Extension of Sign - up Period Terry Keel , a resident of the Brogden Community , requested the deadline for the Brogden Water District early sign - up be extended She noted , in her opinion , the community did not have sufficient notice of this opportunity to purchase taps at the special introductory price She stated she lives on a road with only 10 other property owners and wondered if a water line with that number of taps would be feasible Commissioner Cookie Pope indicated she received a call from Jack Daughtry who also recommended the deadline be extended because there were not enough volunteers to help canvass the area Sheila Whitley , Coordinator for the Brogden Water District , agreed and noted there had been problems getting enough canvassers to help with the sign - up Interim County Manager , Rick Hester , and Engineer Tim Broome explained the normal process of notifying residents in the early stages of developing a water district They pointed out every effort is made by the County and the community leaders to contact each property owner , however this is sometimes very difficult Both Mr Hester and Mr Broome strongly recommended an extension of the early sign - up be approved to coincide with the Little Creek Water District sign - up Mr Broome encouraged Ms Keel to purchase a tap in case a water line is extended down her road If it is not , she can get the 75 fee back or leave it in case her road is included in a later phase of the district Following further discussion , Commissioner Eleanor N Creech moved the Board extend the early sign - up period for Brogden Water District until May 14 , 1999 Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote 7 Presentation - Proposed Strategic Plan - Comprehensive Plan Work Group Planner Dave Roesler informed the Board the Comprehensive Plan Work Group has been working on the Strategic Plan for approximately a year , meeting monthly to identify issues concerning traffic , schools and growth issues He noted the proposed plan was sent out earlier to the Board to give them an opportunity for review to see if there might be other issues that need to be addressed He indicated the Work Group is looking for direction from the Board on how to proceed Board members responded they would like more time to study the report before make comments Commissioner Thomas M Moore asked if it would be appropriate for the Board and the Work Group to meet in order for the Board to have an opportunity to ask some questions Mr Roesler recommended the Board meet with the Comprehensive Work Group on May 6 , 1999 at 6 30 pm in the Emergency Operations Center to ask any questions they have concerning the study 8 Sheriff’s Department - Budget Amendment Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board approved the following budget amendment Expenditure Increase - to budget money received by Sheriff as cost savings - for equipment 10 51003300 Supplies 4,40907 10 51004300 Special Services 5,17860 Revenue Increase 10 510033099 Miscellaneous Revenue 4,40907 10 510032106 Controlled Substance Tax 5,17860PagePage pageNumber9378 Commissioner Eleanor N Creech noted the Sheriff was asked to provide a list of the supplies and equipment he planned to purchase with this money , and the associated cost John Massey , Finance Officer , stated the Sheriff assured him he would provide a list as soon as possible 9 Request to Waive Permit Fees for Habitat for Humanity Chairman James H Langdon , Jr informed the Board that Pete Thompson , Inspections Department has received a request from the Habitat for Humanity to waive permit fees for a house they plan to build in Princeton In discussion , the Commissioners decided to seek legal advise before making a commitment to waive permit fees for Habitat for Humanity Commissioner Allen L Mims , Jr noted other clubs and organizations occasionally have charity building projects , and wondered what precedent the Board might be setting if they approve this request Board Comments 10 Discussion Concerning Rezoning Hearings Commissioner Allen L Mims , Jr , expressed concern that several people in attendance for the rezonings left before a decision was made He recommended the Board recess the public hearing after each case and made a decision on that case before proceeding with the hearing He also suggested the Board consider the special use permit at the same time Attorney Mark Payne responded it would be legally possible to establish a procedure and set a policy whereby the Chairman could recess the rezoning hearing after each case in order for the Board to make a decision , then reopen the hearing for the next case He noted , however , that the special use permit hearing is a different kind of hearing where the Board sits as a quasi - judicial board and , in his opinion , should be held separate from the rezoning hearing when the Board is acting in a legislative capacity Following further discussion , the Board asked Mr Payne to contact other counties to see how they handle rezonings and come back to the Board with a recommendation There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage