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January 22, 2007 (Regular Meeting) Page 294 Chairman Carruth commented briefly on the development of a policy to allow the Planning and Zoning Commission authority to grant refunds. This policy. would onlyapply to mass rezonings for down zoning and have a specified time limit. Vice Chairmar. Juba suggested the request be returned to the Planning and Zoning Commission for a recommendation. Commissioner Privetteasked what would happen to the Smith's request. Chairman Carruth asked Board members for their opinion. Commissioner Juba expressed opposition to refunding the rezoning fee and suggested again that the request be forwarded to the Planning and Zoning Commission for consideration. Commissioner Privette reported the Planning and Zoning Board approved Mr. Smith's appeal and the Board of Commissioners approved a refund for another property owner with similar circumstances. Chairman Carruth explained the difference in the two situations presented by Commissioner Privette. Richard M. Koch, County Attorney, reported there was some informal discussion by the Planning and Zoning Commission about the refund request, but were of the opinion that it was not within their jurisdiction to make such a determination. Because the County has special legislation, he further reported it would be appropriate to create an ordinance delegating the authority to the Planning and Zoning Commission to handle such requests. There was a brief discussion and Mr. Marshall responded to additional questions concerning the basis of the rezoning fee, other requests to rezone property that was zoned OI (Office Institutional) by the County, etc. UPON MOTION of Vice Chairman Juba, seconded by Commissioner Mynatt with Chairman Carruth, Vice Chairman Juba and Commissioners Mynatt and Privette voting for and Commissioner White voting against, the Board voted to ask the Cabarrus County Planning and Zoning Commission to make recommendations concerning requests for refunds of rezoning fees and rezoning notification procedures for the Board's consideration. (G-4) Resolution Declaring Engliah as the Official Language in Cabarrus County Chairman Carruth reported last month, Commissioner Privette presented a resolution to declare English as the official language in Cabarrus County and the County Manager was asked to provide information regarding the effect on county government. John Day, County Manager, commented on the ambiguousness of the resolution and reported..the County Attorney was asked to review the document. Richard M. FCeoh,County Attorney, agreed with the County Manager and stated the proposed resolution does not mandate English as the sole language for official use in Cabarrus County. He also reported the resolution was reviewed by three professors at the School of Government and they provided similar responses. Healso referenced General Statute 195-12 which states, "English is designated as the official language of the State of North Carolina." Mr. Day also reported he interpreted the resolution in its strictest sense, there would be some federal or state laws or regulations that would be violated and cited several examples from county departments. He further reported Department Directors were asked to describe how the proposed resolution would impact: the provision of county services and those responses were provided in the Agenda. Commissioner Privette commented on the adoption of English as the official language in otherstates, reported there are 300 other counties that have adopted the proposed resolution and commented on President Clinton's Executive Order No. 1366. He also identified several reasons for adopting theproposed resolution, A revised resolution was distributed to the Board. Commissioner Privette moved to adopt the revised resolution.