Agenda - 12-04-2017 - 8-a - Minutes

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6 1 • Applicant provided a basic environmental assessment as part of this submittal. Staff has 2 reviewed and determined there ought to be no significant environmental impact(s) from 3 this project. 4 0 Buff recommended condlltllon form all envllronuincni ll liuinpaci statement (IC: II ( Il be 5 prepared f r II II t311i i u h II n t3 us R uin li t II t3„ 6 • Proposed development is consistent with existing and anticipated development within 7 the area. 8 • Land uses are compatible. 9 10 Planning Board Comment(s): 11 • Reviewed item at its October 4, 2017 regular meeting, 12 • Voted to recommend approval with the imposition of conditions as recommended by the 13 applicant, staff, and Board members, 14 • Recommended conditions are contained in Attachment 11. 15 16 Recommendation: 17 The Administration recommends the Board: 18 1. Receive the proposal. 19 2. Conduct the public hearing and accept comments. 20 3. Close the public hearing. (Note that, because this is a legislative decision, additional 21 comments at a later date are permitted). 22 4. Decide on one of the following options: 23 a. Adopt Statement of Consistency (Attachment 10), Ordinance amending 24 the Zoning Atlas and imposing conditions (Attachment 11); 25 b. Defer a decision to a later BOCC regular meeting date; 26 INKYTIE.: 11-11 1) tlh e uin St h u°usduu"t us rsu of actllon to dd u��r 27 modfficatllon of condlltllons to ddre S ApplIlleant uinuinuni siconcern s„ 28 or to uITe :t: new ndlltllons as recommended by the I130CC„ 29 a. Refer the item back to the Planning Board for a specific purpose; or 30 b. Deny the proposed amendments. 31 32 Commissioner McKee made a statement to the Board of County Commissioners as 33 related to his current employment with Summit Engineering. He said he sought direction from 34 the County Attorney as whether he should recuse himself from this item, and received the 35 following legal opinion below. He read North Carolina General Statute 153A-340(g), and said 36 the Attorney concluded that he may not recuse himself from this matter. 37 38 Commissioner McKee- 39 You asked for an opinion on whether you need to recuse yourself from voting on this issue due 40 to the fact that you work for Summit Engineering. You informed me you don't have an interest 41 in the properties underlying the Settler's Point project, that in your employment you have not 42 worked on or had involvement with the project, that your compensation from Summit is not 43 related to or dependent on this project, that you will receive no bonuses related to this project, 44 and that your employment is not dependent on or at risk from the fact that you may or may not 45 vote on the project. Given these facts my analysis is as follows. 46 47 The default position for determining whether you must vote on a particular agenda item is that 48 you as a county commissioner have a duty to vote pursuant to G.S. 153A-44 which provides 49 that the board may excuse a member from voting "only upon questions involving the member's 50 own financial interest or official conduct or on matters on which the member is prohibited from 51 voting under G.S. 14-234, 153A-340(g)..." This item is not a matter of your official conduct and 52 G.S. 14-234, which deals with contracts, is not applicable. The remaining consideration, that of 53 your financial interest or G.S. 153A-340(g) is what must be analyzed. In this situation the 54 question of your financial interest, which otherwise is a separate consideration, is directly