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COUNCILMEN QUESTION
PLANNER'S ROLE IN
ZONING REQUEST
By Scott Yates, Staff Writer January 20, 1994 Publication: Fayetteville Observer, The (NC)
Word Count: 857

By Scott Yates Staff Writer A member of the Cumberland County

Joint Planning Board voted against a company's request to rezone
land, then represented the company to persuade the Fayetteville City
Council to approve the zoning.

Some council members say the actions of Jonathan Charleston, a lawyer who serves on the
planning board, represent a conflict of interest. One councilman wants the city to adopt a policy
or law to prevent similar situations from arising.

Charleston says there was no conflict of interest because the planning board had already voted
on the matter and was no longer involved when he began representing the company.

The planning board makes recommendations to elected boards, which have the final say in
rezoning cases.

Charleston's client, Fay Block Co., requested that 8 acres be rezoned from residential to
commercial use. The land is between Ramsey Street and North Street near the Central Business
District Loop.

The company uses the land for sand piles and to store other materials used to make cinder
blocks, but the land was not properly zoned.

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The planning board voted to recommend that the council approve the rezoning change. Three
board members, including Charleston, voted against the request.

People who live near the Fay Block land went to a City Council meeting in December to
oppose the request. The council denied it.

Charleston, who was appointed to the planning board by the City Council, said he was then
hired by Fay Block. He said he called council members to discuss the case.

Bobby Allen, chairman of Fay Block, said Charleston was hired to organize a meeting with
residents.

Councilman Nat Robertson Jr. persuaded the council to reconsider the case Tuesday because,
he said, Fay Block and the residents had reached a compromise.

Herb Thorp, another lawyer hired by Fay Block, said the company agreed to build a 10-foot
wall between the property and nearby houses.

Charleston attended the council meeting, but did not address the council. While he was at the
City Council meeting, Charleston missed a planning board meeting that included discussion of
14 zoning cases and proposed changes to subdivision regulations.

The council voted to approve Fay Block's request.

Councilman Mark Kendrick said he will ask the council to prohibit members of all boards
appointed by the council from acting as advocates in matters involving the boards. He said
Charleston's involvement was a clear conflict of interest.

Mayor J.L. Dawkins said planning board members need to be careful about involvement in
zoning cases. Charleston's actions ``certainly get into a gray area,'' Dawkins said.

City Attorney Bob Cogswell said Charleston did not violate the city's code of ethics. Cogswell
said he interprets the code to prohibit a planning board member from appearing before the
entire council as an advocate or agent involved in a zoning matter.

Cogswell told the council twice Tuesday that Charleston was prohibited from addressing the

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full council. Councilman Breeden Blackwell asked Charleston a question during the meeting,
but Cogswell said Charleston couldn't answer.

David Owens, a zoning expert with the N.C. Institute of Government, said a state Supreme
Court decision in September set guidelines for activities for elected officials that prohibit such
participation in zoning cases. The court did not address guidelines for appointed planning board
members.

``That is still a question that is open in North Carolina,'' Owens said. Courts in other states have
held planning board members to the same standards as elected officials, he said.

Council member Suzan Cheek said the council should consider adopting a new policy. ``I also
would like to ensure that none of our appointees engage in any behavior that gives the
appearance of conflict of interest,'' she said.

``I would not like to see our board members get involved in business that stems from decisions
made on boards on which they sit. If there is an appearance of a conflict of interest, the council
should address it. I am concerned that people feel comfortable about the integrity of the
governmental process.''

Cheek said Charleston should not have missed a planning board meeting to be at the council
meeting. ``I wish our planning board member had been at the planning board meeting,'' she
said.

Charleston said his only role in the matter was to start a dialogue between the residents and the
company. ``To that end, I think the community is better off,'' he said.

He voted against the rezoning at the planning board because residents hadexpressed concerns
that needed to be addressed, he said. Those concerns included the question of why residential
property was ever placed so near an industry. Charleston said he discovered that houses had
been built on property zoned for industrial use.

Had he not arranged a meeting between residents and company officials, Charleston said, the
council would have rezoned the property and the residents would have gotten no concessions
such as the buffer wall.

``By having a dialogue, we were able to find common ground,'' he said.

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Charleston said council members shouldn't criticize him for missing a planning board meeting.
``As a citizen of the community with different interests, I can participate in any aspect of civil
affairs.''

Fayetteville Observer, The (NC)

Date: January 20, 1994
Copyright 1994, 2002 The Fayetteville (N.C.) Observer

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