September 16, 1985 - 8:00 PM - County Board of Commissioners Meeting Minutes (Recessed)

September 16, 1985The Johnston County Board of Commissioners reconvened in regular sessionMonday, September 16, 1985, at 8 oclock pm, in the Commissioners Room, JohnstonCounty Courthouse, Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, JamesW Cash, Howard Benton and John M Booker, DVMMembers Absent NoneAlso present Kramer, Jack -son, County Manager, Eleanor N Creech; Clerkto the Board, W R Britt, County Attorney and Thomas B Broughton, IndustrialCoordinatorThe Chairman called the meeting to order and the following businesswas transacted1 Publ is Hearing Industrial Revenue Bonds - Carolina Winery, IncChairman Norman C Denning opened the Public Hearing on theIndustrial Revenue Bonds for Carolina Winery, IncPresent representing Carol ina Winery, Inc, David Fussell, D J Fussell,Ann Fussell, Frank DeLorenzo, Thomas Kenworthy and Dale JonesW R Britt, County Attorney, introduced David Fussell of Rose Hill,NC, to speak on behalf of Carolina Winery, IncMr Fussell explained what they have plans -to do in Johnston CountyHe told the board they had looked at eleven different sites along Interstate95; and the most suitable and pleasing site is here in Johnston County on 1 -95near Selma They plan to build a 100 thousand gallon storage space; theirambition is to sell 60 thousand gallons per year; anticipating needing 70 farmersto supply the grapes for the winery, and hope to be able to use a lot of localgrapes from eastern North Carolina Mr Fussell continued; their plans are tokeep the southern image; but not disappoint the Yankee tourist; in attracting270,000 visitors per year to the showplace winery; and to create a lot of jobshere in the county He further stated their prime interest will be to manufactureand sell wine; will stress salesThomas Broughton, Industrial Coordinator, advised the board he hadmet with the Department of Commerce and Environmental Management and thisproject does merit the issuance of Industrial Revenue BondsThee Chairman asked if there was anyone else present that wished tospeak on behalf of Carolina Winery, Inc, relative to approval in principleof industrial project for Carolina Winery, Incorporated, and the financing thereofwith Revenue Bonds in a principal amount of 1,200,000There was no one else to be heard; therefore, the Chairman declared 11 Ithe Public Hearing closedSeptember 16, 1985 ContinuedW R Britt, County Attorney, presented the following resolution for approvalAPPROVAL IN PRINCIPLE OF INDUSTRIAL PROJECT FOR CAROLINA WINERY, INCAND THE FINANCING THEREOF WITH REVENUE BONDSIN A PRINCIPAL AMOUNT OF 131200000WHEREAS, The Johnston County Industrial Facilities and Pollution ControlFinancing Authority has agreed to assist in the financing under the North CarolinaIndustrial and Pollution Control Facilities Financing Act the Act of an industrialproject by Carolina Winery, Inc, a North Carolina corporation the Company,consisting of the acquisition, construction and equipping of a winery in JohnstonCounty and has indicated that agreement by the completion of an InducementAgreement between the parties dated as of August 6, 1985; andWHEREAS, The Rules and Procedures ?of the North Carolina Department ofCommerce require that the governing body of a county approve in principle anyproject to be financed under the Act; andWHEREAS, This Board has today held a public hearing with respect tothe advisability of the Project and the issuance of bonds therefor;NOW, THEREFORE, the Board of Commissioners of Johnston County, meetingin regular session at Smithfield, North Carolina, on September 16, 1985, do thefollowingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR THE COUNTY OFJOHNSTON1 The proposed industrial project consisting of the acquisition, constructionand equipping of an expansion of a winery and the issuance of bonds in theamount of 1,200,000 is hereby approved in principle2 The Board hereby requests the Secretary of Commerce to allocate 1,200,000of North Carolinas private activity bond limit , as defined above This requestfor allocation is not made in consideration of any bribe, gift, gratuity, or director indirect contribution to any political compaignCommissioner James W Cash moved the passage of the foregoing resolutionand Commissioner Howard Benton seconded the motion, and the resolution waspassed by the following voteAyes Commissioners James W Cash, Howard Benton, Frank B Holding,John M Booker, DVM, and Norman C DenningNay NoneNot Voting None2 Industrial Assistance - Water and Sewer - Carolina Winery, IncThomas Broughton advised the board that Carolina Winery is requestingindustrial assistance to supply water and sewer to the site on I -95 near KOACampground, Selma, at an approximate cost in excess of 55,000The board agreed to take this request under advisement3 DEH Associates - Industrial ProspectThe Industrial Coordinator advised the board that DEH Associates of WakeCounty is negotiating for a building to locate in northern Johnston County, northof Archers Lodge to manufacture transformers, coils and filters, and has requestedas a contingency that the county provide a sewage disposal system They planto start operating with about 20 people and by early April, 1986, anticipateincreasing to 60; hopefully in the future to expand to 100 to 200 employees DEHwants to consolidate operations in Wake County to the Archers Lodge plantKenneth Nowel 1, Real tor, stated thisWHEREAS, UnderGS 159C -7 each project must be approved bytheSecretary173,500 The site is not suitable for aof the Department ofCommerce and under Executive Order 113 oftheGovernor20 people; Environmental Health will onlyof North Carol i na, the Secretary of the North Carolina DepartmentofCommerceon the existingmust allocate a suficient amount of North Carolinas private activitybond limit,as defined in Section103n of the Internal Revenue Code of 1954,asa ended,to the financing; andWHEREAS, The Rules and Procedures ?of the North Carolina Department ofCommerce require that the governing body of a county approve in principle anyproject to be financed under the Act; andWHEREAS, This Board has today held a public hearing with respect tothe advisability of the Project and the issuance of bonds therefor;NOW, THEREFORE, the Board of Commissioners of Johnston County, meetingin regular session at Smithfield, North Carolina, on September 16, 1985, do thefollowingBE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR THE COUNTY OFJOHNSTON1 The proposed industrial project consisting of the acquisition, constructionand equipping of an expansion of a winery and the issuance of bonds in theamount of 1,200,000 is hereby approved in principle2 The Board hereby requests the Secretary of Commerce to allocate 1,200,000of North Carolinas private activity bond limit , as defined above This requestfor allocation is not made in consideration of any bribe, gift, gratuity, or director indirect contribution to any political compaignCommissioner James W Cash moved the passage of the foregoing resolutionand Commissioner Howard Benton seconded the motion, and the resolution waspassed by the following voteAyes Commissioners James W Cash, Howard Benton, Frank B Holding,John M Booker, DVM, and Norman C DenningNay NoneNot Voting None2 Industrial Assistance - Water and Sewer - Carolina Winery, IncThomas Broughton advised the board that Carolina Winery is requestingindustrial assistance to supply water and sewer to the site on I -95 near KOACampground, Selma, at an approximate cost in excess of 55,000The board agreed to take this request under advisement3 DEH Associates - Industrial ProspectThe Industrial Coordinator advised the board that DEH Associates of WakeCounty is negotiating for a building to locate in northern Johnston County, northof Archers Lodge to manufacture transformers, coils and filters, and has requestedas a contingency that the county provide a sewage disposal system They planto start operating with about 20 people and by early April, 1986, anticipateincreasing to 60; hopefully in the future to expand to 100 to 200 employees DEHwants to consolidate operations in Wake County to the Archers Lodge plantKenneth Nowel 1, Real tor, stated thisis a66acre site,selling price of173,500 The site is not suitable for aseptictanksystem toserve more than20 people; Environmental Health will onlyallow20 to25 peopleon the existingSeptember 16, 1985 Continuedseptic tank system Mr Howell stressed that this prospect is also , looking ata site in Rolesville; and he needs a firm written commitment from the board atthis timeTom Moore, Ragsdale Consultants, was questioned about a suitable sewagedisposal system for this site; he suggested a recyclying sand filter system atan estimated cost of 25,000 to 40,000 The board strongly emphasized that shouldthe county agree to build a sewer system on this site, the company should beresponsible for maintenance of the systemCommissioner John M Booker stated the board needs to know more aboutthis project before making a definite decision The board members agreed theyneed reasonable time to consider this request before making a decisionCommissioner Frank B Holding expressed that if this project will createjobs, it has merit ; however, the county should not build the sewer system beforeit is needed for the additional employees; if the board agrees to go along withthe requestThe board agreed to take this request under advisement4 Wilsons Mills Community Developoment Project - Bids for WellsThe County Manager advised the board that bids had been received andopened pursuant to advertisement to drill two 200 ft wells at the Wilsons MillsCommunity Development target area as followsJ R Drilling Service, Smithfield, NC 131800Heater Well, Raleigh, NC 20,700all over 200 feet at price per foot5 Request for Abandonment of Maintenance - SR 1703 and SR 1704Wayne Bailey, District Engineer, Department of Transportation, advisedthe board that DOT had received a - request from Rebecca Flowers Finch, propertyowner, to delete portions of SR 1703 Murphy Road and SR 1704 Motorcycle Roadfrom the State maintained road system; and further that the same portions beabandoned as public access roads He also told the board he had made an in-vestigation of this request and the DOT sees no adverse reason not to abandonportions of these roads as requestedAs the BoardTom Mooreexplained he estimated costforcompleteconstruction of theitwowells wi 1 I beapproximately 50,000 to 75,000or more;and further he hadispentabout three monthstrying to locate suitablesitesfor the wellspm, to considerCommissionerFrank B Holding suggested,andthe entireboard concurred,thatthe engineerinvestigate running a waterLinefrom 70AActive Knits plantsiteto the WilsonsMills Community Developmentproject site;rather than spendingthismuch money todig two wells5 Request for Abandonment of Maintenance - SR 1703 and SR 1704Wayne Bailey, District Engineer, Department of Transportation, advisedthe board that DOT had received a - request from Rebecca Flowers Finch, propertyowner, to delete portions of SR 1703 Murphy Road and SR 1704 Motorcycle Roadfrom the State maintained road system; and further that the same portions beabandoned as public access roads He also told the board he had made an in-vestigation of this request and the DOT sees no adverse reason not to abandonportions of these roads as requestedCommissioner Howard Benton seconded the motion which was carried bythe following voteAye James W Cash, Howard Benton, Frank B Holding, John M, Booker,and Norman C DenningNay NoneMr Bailey told the board the Department of Transportation would holdthe request for abandonment of maintenance in abeyance until after the PublicHearing6 Agreement of Interlocal Cooperation - Wilson County and Johnston CountyThe County Manager reviewed the Agreement Between Wilson County andJohnston County Concerning the Tobacco Museum of North Carolina, Inc It wasagreed that the agreement be sent back to Wilson County for a few minor changesin wording page 2 paragraph identified as Third the word shall to mayand the wording non -tax revenues to non ad- valorem tax revenues After these changes, the board will consider adoption and execution ofthis Agreement of Interlocal Cooperationi?IIyAs the Boardof County Commissioners is requiredto holda public hearingbefore the county may abandon a secondary roadas apublicaccess road fromthe State maintainedsystem; Commissioner JamesW Cash moved that a PublicHearing be scheduledfor Monday, October, 7, 1985,at 2oclockpm, to considerthe abandonment ofportions of SR 1703 and SR1704from theState MaintainedSecondary Road Systemas public access roadsCommissioner Howard Benton seconded the motion which was carried bythe following voteAye James W Cash, Howard Benton, Frank B Holding, John M, Booker,and Norman C DenningNay NoneMr Bailey told the board the Department of Transportation would holdthe request for abandonment of maintenance in abeyance until after the PublicHearing6 Agreement of Interlocal Cooperation - Wilson County and Johnston CountyThe County Manager reviewed the Agreement Between Wilson County andJohnston County Concerning the Tobacco Museum of North Carolina, Inc It wasagreed that the agreement be sent back to Wilson County for a few minor changesin wording page 2 paragraph identified as Third the word shall to mayand the wording non -tax revenues to non ad- valorem tax revenues After these changes, the board will consider adoption and execution ofthis Agreement of Interlocal Cooperationi?IIySeptember 16, 1985 Continued7 Proclamation - Eligibility Specialist Appreciation MorvthUpon motion by Commissioner Howard Benton, duly seconded by CommissionerFrank B Holding and carried by unanimous vote, the following proclamationwas adopted and properly executed by the Chairman;WHEREAS, the North Carolina State Chapter of the National E l i g i b i l i t y WorkersAssociation is celebrating its fifth year of existence; andWHEREAS, eligibility specialists of Johnston County provide a vital serviceto its citizens by determining eligibility for all public assistance programs; andWHEREAS, eligibility specialists have known to be caring professional people,upholding the public trust by carrying out their responsibilities with integrityand understanding; nowTHEREFORE, WHEREAS, the Commissioners of Johnston County, North Carolina,do hereby proclaim the month of September as ELIGIBILITY SPECIALIST APPRECIATIONMONTH OF JOHNSTON COUNTYThis the 16th day of September, 19858 Proclamation - Emergency Medical Services WeekUpon motion by Commissioner John M Booker, duly seconded by CommissionerFrank B Holding and carried by unanimous vote, the following proclamationwas adopted and properly executed by the Chairman;EMERGENCY MEDICAL SERVICES WEEKA PROCLAMATIONThis year marks the Twelfth Anniversary of the State Emergency MedicalServices Program and the passage of the Emergency Medical Services Act by theNorth Carolina General Assembly This program has resulted in significant progressin our county, such as better equipped and designed ambulances, improved personneltraining, more efficiently staffed emergency departments and simplified publicaccess into the systemThe changes which have affected our county would not have been possiblewithout a dedicated team effort on the part of all of the organizations, agenciesand professionals involved in Emergency Medical Services Many emergency medicaltechnicians, paramedics, emergency department physicians and nurses are trainedto provide this valuable serviceMany ofthese individualsvolunteer their time toprovide this serviceIn addition, alarge number ofour citizens have beentrained to help othersin time of needIt is in keepingwith their dedication thatwe set aside a specialperiod in whichto recognize thiscontribution to the welfareof all Johnston CountycitizensNOW, THEREFORE, THE JOHNSTON COUNTY BOARD OF COMMISSIONERS, doeshereby proclaim the period beginning September 29, 1985, and continuing throughOctober 5, 19851 as EMERGENCY MEDICAL SERVICES WEEK in Johnston County,and dedicate this observance to those individuals whose tireless and selflessefforts provide critical lifesaving medical care of our citizensIN WITNESS WHEREOF, THE BOARD OF COUNTY COMMISSIONERS OF JOHNSTONCOUNTY do hereby adopt this proclamation to be spread upon the permanent recordof the County Commissioners Minute Book and further order this proclamation bedelivered to each of the countys eight Volunteer Rescue SquadsThis the sixteenth day of September, 19859- Parkers Mill - Bulk SiteThe County Manager talked with the board about property being consideredfor a bulk container site in Meadow Township Luther Lee has offered to negotiatewith the county on a piece of property for the container site Chairman Denningwas asked by board members to discuss this matter with Mr Lee; and reportback to the board10 Gasoline Tax ResolutionThe board took no action on a request from the Wake County Board ofCommissioners to endorse a five cents increase in the States gasoline tax tobe used for urban and rural highways and roads across the State584September 16, 1985 Continued11 Moratorium - Mobile Home ParksRichard Dick Braswell met with the board again requesting exemptionfrom the mobile home park moratorium Mr Braswell officially restated his requestand made the following presentationGentlemen I assume the purpose of my visit here tonight is absolutelyno secret Let me first state that I was somewhat disappointed when I did notreceive an answer regarding my request for exemption from the currently imposedmoratorium on Mobile Home Parks I felt that I had been promised an answerwithin two days When I contacted Mr Jackson I was told that my request wasi not further discussed at the meeting of September 3, 1985 As I said I was dis-appointed but I was not discouraged The obvious reason I am here tonight isto officially restate my requestIt was related to me at the September 3, 1985 meeting that the moratoriumwas imposed as a result of information submitted to this board from the TriangleJ Council of Government T-he information stated that 65 of all building permitsissued in Johnston County were for mobile homes As a result of some personalinvestigations I have more current data to offer this board For the period JanuaryI, 1985 through August 30, 1985 a total of 945 building permits were issued bythe County of Johnston These permits were issued as follows 7 apartments, 243single family dwellings and 695 mobile homesAs one can readily see, the 65 figure is no longer correct Seven ty- thr-eeand one -half percent 735 of all building permits issued for rural JohnstonCounty for the first eight months of 1985 were for mobile homes Of the 695 permitsissued for mobile homes only 167 were placed i n mobile, home parks within thecounty The remaining 528 or 760 of the total permitted in 1985 were placed onindividual lots or within subdivisions O -nly 24 of all mobile homes were placedin mobile home parks through the above mentioned period Only 17 of the totalunits permitted were for mobile homes placed in mobile home parksWith an average annual population growth within the county for the lastten years of 515 persons, we should be proud that only 103 of the countys73,170 people reside in mobile home parks Given the wage scale of this areaI am amazed that more families are not forced to live on rented LotsWith the recent, most generous approval of mobile home parks for MrPercy Lee and Mr Buck Adams, there are currently a total of 141 mobile homeparks in Johnston County These 141 parks contain 2278 individual lots of which2164 are currently rented There are only 51 mobile home parks with over 15individual lots Thirty -six per cent 36 of all the mobile home parks in thecounty contain over 64 of the total - mobile home lots The average number oflots per park in the county is 186 lotsOnly a small number of the 360 approved subdivisions within the countyhave restrictive covenants which will not allow mobile homes When one considersthis information it would appear that we are faced not with a proliferation ;ofmobile home parks but rather with an unusually high number of mobile homesbeing placed on individual lots and in subdivisionsI had been led to believe that there were a large number of developerswhom had actually submitted plans for review and or approval to the JohnstonCounty Planning Board Today, during a brief visit with Mr Jeff Coutu, I learnedthat there are actually only five developers who are being delayed by this morator-iumJiIAnother reasongivento the residents of Johnston County for adopting adepartment for over one year attempting to meet all specifications available atmore strict ordinanceformobile home parks wasa proliferation of mobile homeparks resulting fromWakeCountys growth Since1975 which is the year ourcurrent mobile homeparkordinance was adoptedthere have been a total ofAgain, I appeal to this board to exempt my proposed park from this moratorium10 mobile home parksapproved in the county witha total of 309 individual lotsOne park alone, within theTown of Clayton, claimed115 of the total 309 approvedSurely an average ofonepark per year over aten year period should be nocause for alarmWith an average annual population growth within the county for the lastten years of 515 persons, we should be proud that only 103 of the countys73,170 people reside in mobile home parks Given the wage scale of this areaI am amazed that more families are not forced to live on rented LotsWith the recent, most generous approval of mobile home parks for MrPercy Lee and Mr Buck Adams, there are currently a total of 141 mobile homeparks in Johnston County These 141 parks contain 2278 individual lots of which2164 are currently rented There are only 51 mobile home parks with over 15individual lots Thirty -six per cent 36 of all the mobile home parks in thecounty contain over 64 of the total - mobile home lots The average number oflots per park in the county is 186 lotsOnly a small number of the 360 approved subdivisions within the countyhave restrictive covenants which will not allow mobile homes When one considersthis information it would appear that we are faced not with a proliferation ;ofmobile home parks but rather with an unusually high number of mobile homesbeing placed on individual lots and in subdivisionsI had been led to believe that there were a large number of developerswhom had actually submitted plans for review and or approval to the JohnstonCounty Planning Board Today, during a brief visit with Mr Jeff Coutu, I learnedthat there are actually only five developers who are being delayed by this morator-iumJiIAs you know, I have worked in close contact with the county planningdepartment for over one year attempting to meet all specifications available atthat time for my proposed park I have gone to considerable expense to installja municipal type water and sewer system in my park My park would have beenconstructed at this point had our central treatment plant been able to accepttthe sewage flowAgain, I appeal to this board to exempt my proposed park from this moratoriumThank YouSeptember 16, 1985 ContinuedIn much discussion of the mobile home park moratorium and Mr Braswellsrequest, it was pointed out that five developers are being held up because ofthe moratorium These are the only developers known at this time that have gonethis far with plans and are ready to go to the Planning BoardMr Braswell stressed that he has followed; and in some instances exceed;the Mobile Home Park Ordinance guidelines in effect at the time he planned hispark; some of the new regulations his plans will meet and some will not; sothe adoption of new and or amended regulations will not help his situation atthis point and timeThe County Planner stated that the lot size is the main issue of Mr Braswelland the other developers; if they do not get exempt they wi I I have to changetheir park plansLeon Powell, Smithfield, and Emory Howard, Clayton, developers beingheld up because of the moratorium spoke regarding the moratorium; Mr Howardstated they had all been hurt by this moratorium and sees no reason why theycan not proceed with their parks Mr Powell stated he was surprised by theboards action to amend the Mobile Home Park Ordinance; he felt the county hada good ordinance; and indicated he has a problem understanding the reason forall the changesCommissioner John M Booker stated he would support a motion to exemptthese five mobile home park developers from the moratorium Commissioner JamesW Cash said he would support a variance of the mobile home park moratoriumfor these mobile home park developers Commissioner Frank B Holding, CommissionerHoward Benton, and Chairman Denning stated they could support exemption ofthe mobile home park moratorium for these developers if the recommendation camefrom the County Planning BoardIn conclusion, the Board of Commissioners indicated; if the County, PlanningBoard made a favorable recommendation they would go along with their decisionAfter further discussion, Commissioner Frank B Holding moved that a PublicHearing be held at 10 oclock am, Monday, October 7, 1985, in the CommissionersRoom, Johnston County Courthouse, Smithfield, NC, to consider amending the MobileHome Park OrdinanceCommissioner James W Cash seconded the motion which was carried bythe following vote;Aye Frank B Holding, James W Cash, Howard Benton, John M Bookerand Norman C DenningNay NoneUpon a motion by Commissioner Frank B Holding, duly seconded by Com-missioner Howard Benton and carried by unanimous vote, the board adjournedtNorman C Denning, ChairmanEleanor N CreechClerk to the BoardDetailsAnnotationsEntry PropertiesModified11192013 33558 PMCreated4172003 83442 AMTemplateMinutesFieldsMinutes - TypeRecessedMinutes - Date9161985Book17