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himself, according to ■ commonwealth’s attorney Douglas Baumgardner. “The county can’t require it against his will.” He added that he’d checked with the planning commission secretary and found that the minutes of the commission’s public hearing on Mills’ rezoning showed the vote to recommend approval to the supervisors came in open session, not in executive meeting as of the rezoning request.
“Everybody got to say their piece and then Mr. Miller said ‘Well, that’s it.’ Someone else said ‘Everyone can go now,’ ” said Bill Kelly, who attended the meeting and with Bullock owns the property adjoining Mills.
“Your recollection is a little fuzzy,” said Luke, adding that after the commission’s public hearing, the planners went over site plans with Mills’ attorney.
“Was that open to anyone from the audience to listen in on? When the vote was taken, who was there? Members of the planning commission. Mills and his attorney?” asked Kelly.
The audience can come and go as it wishes at the official close of the public hearing, Luke replied.
“Doesn’t that strike you as somewhat peculiar—that the entire audience would get up and leave?” Kelly asked. “Although there is a record that the correct procedure was followed. I don’t think the record is correct.''
Planning commission member Newbill Miller reported that the vote on Mills’ application was taken in open meeting. “I think the, planning commission has only been in executive session one time since 1 was appointed,” he added.
Luke said the public hearings are misunderstood. Often when a public hearing is declared over, everyone leaves although the public meeting often continues, he noted. Sharon Luke interjected that she and Jerry Mills also left at the close of the planning commission’s public hearing and so weren’t there either for the vote to recommend approval to the supervisors.
Not An Extension Opponents of the rezoning have charged that the request from Mills constitutes spot zoning and is not an extension of the commercial zone on the adjoining country store as maintained by the applicant. Commonwealth's attorney Douglas Baumgardner supported that contention on Monday. He explained that Mills’ Store was “grandfathered in” as an existing^ use when the county's zoning ordinance
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