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May 28, 2009 (Recessed Meeting) <br />The Board of Commissioners <br />session in the Commissioners <br />Governmental Center in Concord, <br />3:30 p.m. <br />Present - Chairman: <br />Vice Chairman: <br />Commissioners: <br />Page 1408 <br />for the County of Cabarrus met in recessed <br />' Meeting Room at the Cabarrus County <br />North Carolina on Thursday, May 28, 2009, at <br />H. Jay White, Sr. <br />Grace Mynatt <br />Robert W. Carruth <br />Elizabeth Poole <br />Coy C. Privette <br />Also present were John D. Day, County Manager; Richard M. Koch, County <br />Attorney; Mike Downs, Deputy County Manager; Pam Dubois, Deputy County <br />Manager; Jonathan Marshall, Commerce Director; Susie Morris, Planning and <br />Zoning Manager; Kay Honeycutt, Clerk to the Board and Lyndsay Hayes, Deputy <br />Clerk to the Board. <br />Note: Commissioner Privette was not present for the beginning of the <br />meeting. <br />(A) CALL TO ORDER <br />Chairman White called the meeting to order at 3:31 p.m. <br />(B) APPROVAL OF THE AGENDA <br />UPON MOTION of Commissioner Carruth, seconded by Vice Chairman Mynatt <br />and unanimously carried, with Chairman White, Vice Chairman Mynatt and <br />Commissioners Carruth and Poole voting for and Commissioner Privette absent, <br />the Board approved the Agenda with the following additions: Item D-1 <br />(Sheriff's Department - Senate Bill 521 / House Bill 546 - A Bill to be <br />entitled "An Act Expanding Permitted Uses of 911 Funds in Lincoln and Wayne <br />Counties") and Item D-2 (Closed Session - NCGS 193-318.11(a)(6). <br />Commissioner Privette arrived at 3:31 p.m., shortly after the "Approval <br />of the Agenda", and was present for the remainder of the meeting. <br />(C) NEW BUSINESS <br />(C-1) BOC Reference Materials <br />Susie Morris, Planning and Zoning Manager stated the following meeting <br />minutes are included in the Agenda for informational purposes: January 20, <br />2009 (Board of Commissioners Regular Meeting) and April 16, 2009 (Draft - <br />Cabarrus Planning & Zoning Commission). A Memorandum from Ms. Morris dated <br />May 12, 2009, was also included. <br />for <br />and <br />For efficiency, consistency, and fairness, Richard Koch, County <br />Attorney, recommended the adoption of the following rules of procedure that <br />were used by the Cabarrus Planning and Zoning Commission in their last <br />consideration of these rezoning matters in April. The rezoning applications <br />have been grouped based upon similarity of rezoning requests and each group <br />will be handled together consistent with the following rules: <br />1. Presentation of staff report and responses provided by staff to <br />questions from the Board. <br />2. Open public hearing. <br />3. The applicant will have five (5) minutes to present his/her case, <br />excluding questions from the Board. <br />9. Three (3) minutes will be allotted to each person speaking for or <br />against the rezoning request, excluding questions from the Board. <br />5. Close public hearing. <br />6. Board deliberation and decision. <br />7. Adoption of consistency statement. <br />UPON MOTION o£ Vice Chairman Mynatt, seconded by Commissioner Poole and <br />unanimously carried, the Board adopted the aforementioned rules of procedure <br />as recommended by the County Attorney. <br />Jonathan Marshall, Commerce Director, reminded the Board that when the <br />Central Area Land Use Plan was adopted in January 2009, rezonings resulted <br />from the adoption of the plan as a policy document. In addition, he reported <br />the following: when the plan was adopted, a window of time was opened in <br />