Minutes

Village of St. Helena Town Board Meeting

February 17, 2022

Attending were Mayor Pro-Tem William Hunter, Councilwoman Judy Katalinic, Councilwoman Kaye Knowles, Councilwoman Nancy Jones,

Planner Kim Rivenbark, Village Attorney Nathaniel Coleman, Village Clerk Robbie Holly. and Building Inspector Louis T. Hesse.

In the audience was David Ross from Cardinal Foods, Mike Barnes- Engineer for Thomas & Hutton for Fresh Contents, Alice Southerland,

Dwayne Eakins, Carey Childress and via Zoom Rick Mayes- President of Fresh Contents.

Mayor Pro-Tem William Hunter called to order the Public Hearing Concerning the application for a Special Use Permit for planned building group at 6:35pm followed by the:

Mayors Statement: “We will now open the evidentiary hearing for Project Fresh’s application for Planned Building Group – Industrial to be located

on parcels that abut the Town of Burgaw on Front Street. This hearing is a quasi-judicial evidentiary hearing. That means it is like a court hearing. State law

sets specific procedures and rules concerning how this board must make its decision. These rules are different from other types of land use decision like

rezoning cases. The board’s discretion is limited. The board must base its decision upon competent, relevant, and substantial evidence in the record.

A quasi-judicial decision is not a popularity contest. It is a decision constrained by the standards in the ordinance and based on the facts presented.

If you will be speaking as a witness, please focus on the facts and standards, not personal preference or opinion. Participation is limited.

This meeting is open to the public. Everyone is welcome to watch. Parties with standing have rights to participate fully. Parties may present evidence,

call witnesses, and make legal arguments. Parties are limited to the applicant, the local government, and individuals who can show they will suffer

special damages. Other individuals may serve as witnesses when called by the board. General witness testimony is limited to facts, not opinions.

For certain topics, this board needs to hear opinion testimony from expert witnesses. These topics include projections about impacts on property

values and projections about impacts of increased traffic. Individuals providing expert opinion must be qualified as experts and provide the factual

evidence upon which they base their expert opinion. Witnesses must swear or affirm their testimony. At this time, we will administer the oath for all individuals

who intend to provide witness testimony.”

Nate Coleman then swears in Kim Rivenbark, David Ross, Mike Barnes and Rick Mayes via zoom:

Attorney Swearing of Witnesses: “Do you solemnly swear that the evidence you shall give to the board in this action shall be the truth, the whole truth,

and nothing but the truth, so help you God?”

Kim Rivenbark then discusses all the Developmental and Dimensional Standards listed in the Council Special Use permit staff report given to all council members.

All Findings in Facts from

6.2- General Dimensional Standards

6.3 Notes to the Dimensional Standards

6.5- Buffers

6.7/6.7I/ 6.7H-Design Requirements for all new Non-Residential Buildings

6.9- Driveway Connections

6.10- Landscape (Parking Lot)

6.11- Lighting

6.14- Parking, Loading and Circulation

6.23- Wastewater Disposal

All Findings are in Attached Findings of Fact, Conclusion of Law and Approval of a Special Use Permit given to us by Kimberly Rivenbark.

Rick Mayes via zoom thanks us for our time and opportunity for Fresh Contents to come be a part of the community.

Mike Barnes, Engineer for Fresh Contents states that the expansion on St. Helena side wall has a wooded property that adds buffer and that trucks

will be in back and parking lot side. Also mentions being connected to Cardinal Foods helps but may create some more traffic.

David Ross from Cardinal Foods says it logistically helps not having to transport with everything being local.

Mike Barnes then asks if anyone has any questions and again thanks everyone for their time.

Kim Rivenbark then begins to go over the Standards.

· Standard 1: That the use will not materially endanger the public health, safety, or general welfare if located where

proposed and developed according to the plan as submitted and approved.

· Standard 2: That the use meets all required conditions and specifications.

Kim Rivenbark states that the property is not on any wetlands to cause any problems.

Discussions about the design with council members and all designs have to be passed by Louis Hesse.

Mike Barnes then shows options of designs on tv. Louis Hesse asks if building has down spouts and if so where are they located.

Mike Barnes replies yes, they are on building and explains and shows on pictures where they are located.

William Hunter then asks what the building is built out of which Mike Barnes refers this question to Rich Mayes

and he explains that it is metal with a textured design which makes it have a more appealing look. William Hunter

asks about fading of the building over time and Mike Barnes says no it is long term to prevent fading of structure.

William Hunter, Mayor Pro-Tem ask the councils opinion and everyone in attendance agrees to keep the

6.7H1 -

• Building permit shall not be approved until building elevations for the front and south building side

have been submitted to the Building Inspector for approval with building materials noted. Building design shall

meet or exceed the Village of St. Helena ordinance requirements.

All council members like the design with a stripe down the street facing wall to add more appeal. Kim Rivenbark confirms that will keep 6.7H1 the same.

· Standard 3: That the use will not adversely affect the use of any physical attribute of adjacent property, or that the use is a public necessity.

· Standard 4: That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area

in which it is to be located and in general conformity with the Village of St. Helena Land Use Plan.

Kim Rivenbark asks if anyone has any further questions to her or the applicant. No one had any further questions.

**William Hunter asks for motions to Close Public Hearing motion made by council woman Nancy Jones and council woman Judy Katalinic.

Kim Rivenbark then asks council votes:

· Standard 1- Council Members Jones, Knowles, Katalinic, and Hunter all vote Yes.

· Standard 2 – Council Members Jones, Knowles, Katalinic and Hunter all vote Yes.

All agreeing that Louis Hesse has final approval.

· Standard 3 - Council Members Jones, Knowles, Katalinic, and Hunter all vote Yes.

· Standard 4- Council Members Jones, Knowles, Katalinic, and Hunter all vote Yes.

Motion for all approved made by council woman Nancy Jones and second by council woman Judy Katalinic.

Kim Rivenbark then explains to applicants what happen and what to expect with the approval of Special Use Permit.

REGULAR TOWN MEETING BEGINS

Allegiance to the U.S. Flag and a salute to the N.C. Flag were said by all.

On motion by Nancy Jones, and second by Kaye Knowles, the minutes of January 20, 2022 were approved unanimously.

On motion by Nancy Jones, and second by Kaye Knowles, the January 2022 financial report was approved unanimously.

Under old business, council woman Nancy Jones ask about solar farms and if complaints from a few months ago had been

corrected with trees and black fencing. Louis says they have been fixed and also that the state mows it,

William Hunter states no new business,

On motion by William, and second by Jones, the meeting was adjourned unanimously.